RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-00767
            INDEX CODE  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  undesirable  discharge  be  upgraded  to   general   (under   honorable
conditions).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His discharge was unjust since there was no intent of fraud at the  time  of
his enlistment and he was denied his request for a hearing  or  a  delay  in
his discharge to prove his innocence.

The applicant states that at the time of his enlistment, he marked “yes”  to
the question of being arrested since he was picked-up as a juvenile for  two
or three minor offenses.  The recruiter checked with the  police  department
and was told that he had not been convicted of any felonies, only  a  couple
of misdemeanors.  The recruiter then asked him to complete a  new  form  and
to mark “no” to the question of being arrested.  He did as he was  told  and
did not intend to fraudulently enlist.  He did honorably serve  his  country
and would have made a career in the service.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26 November  1948  for  a
period of three years.

On 28 September 1949, the applicant’s commander recommended the  applicant’s
discharge  under  AFR  39-21  for  fraudulent  enlistment.   The   commander
indicated that the applicant’s police record  prior  to  entry  in  the  Air
Force  would  have  been  ample  cause  for  further  investigation  by  the
recruiter and that observation by the applicant’s immediate superiors  since
his assignement showed that he  was  not  worthy  of  a  recommendation  for
waiver and retention.  The discharge authority approved  the  recommendation
on 5 October 1949.

The applicant was discharged on 14 October 1949,  under  the  provisions  of
AFR 39-21 for fraudulent  enlistment,  with  his  service  characterized  as
undesirable.  He completed 10 months and 17 days of active service.

On 6 June 1950, the Air Force Discharge Review Board (AFDRB) considered  and
denied the applicant’s request to upgrade his discharge to honorable.

Pursuant to the Board's request, the FBI,  Washington,  D.C.,  indicated  on
the basis of the data furnished they were unable to locate an arrest  record
(Exhibit F).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation.  In addition,  the  discharge  was
within the sound  discretion  of  the  discharge  authority.   Although  the
applicant has submitted a character reference, he did  not  submit  any  new
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing.  However, considering the discharge was over 52  years
ago, the type of offense, and the lack of information in his  records,  they
would recommend clemency.  If a check of  the  FBI  files  proves  negative,
they recommend the discharge be upgraded to general.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________


APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he was unfairly discharged three days after  being
told that he was being notified that he was  being  discharged.   He  begged
for a chance to go before a review board but his request  was  denied.   His
parents had no money to hire an attorney and he did all that he knew to  get
a fair hearing.  He is, and has been a good citizen and has raised two  sons
that have also served the military.

The applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice.  In this respect,  we  note  that  while  a
juvenile, the  applicant  was  arrested  for  burglary  and  released.   The
applicant states that at the time of his enlistment, he marked “yes” to  the
question of being arrested; however, based on a favorable police  department
check he asked him to complete a new form and to mark “no” to  the  question
of being arrested.  While a statement from the recruiter  would  be  helpful
in resolving this issue, since the applicant was arrested while  a  juvenile
and was released, we do not believe he intend to  fraudulently  enlist.   We
also recognize the adverse impact of the discharge he received;  and,  while
it may have been appropriate  at  the  time,  we  believe  it  would  be  an
injustice for him to continue to suffer its effects.  In view  of  this,  we
believe the interest of justice can best be served by  resolving  any  doubt
in the applicant’s behalf. Therefore, we recommend the  applicant’s  records
be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT  be  corrected  to  show  that  on  14  October  1949,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-00767  in
Executive Session on 11 June 2002, under the provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Mr. George Franklin, Member
                       Mr. Charles E. Williams, Jr., Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs .
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 28 Mar 02.


    Exhibit D.  Letter, SAF/MRBR, dated 5 Apr 02.
    Exhibit E.  Letter, Applicant, dated 22 Apr 02, w/atchs.




                                   OLGA M. CRERAR
                                   Panel Chair
AFBCMR 02-00767




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 14 October 1949, he was
discharged with service characterized as general (under honorable
conditions).








JOE G. LINEBERGER

Director

Air Force Review Boards Agency