RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01258
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

The things he did in 1958-1959 would be  considered  foolish  or  dumb
acts and he would be offered an honorable discharge because he was too
immature to handle the discipline  required  of  the  Air  Force.   He
states nothing he did was criminal.  He further  states  that  he  was
coerced into signing  his  discharge  by  his  OIC,  NCOIC  and  First
Sergeant.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 September  1957,  in
the grade of airman basic.

In August 1958, he received an Article 15  with  reduction  to  airman
basic for failure to repair; on 6 October 1958, he was punished  under
Article 15 with restriction to base for  failure  to  repair.   On  17
October 1958, he was punished by Article 15 and  given  2  extra  duty
hours for 14 days for failure to repair.   The  applicant  waived  his
entitlement to appear before a board and requested  discharge.   On  9
April 1959, the applicant’s commander  recommended  discharge  because
applicant had demonstrated traits of character determined  detrimental
to the Air Force and  stated  his  performance  caused  him  to  be  a
liability to his section.  The discharge was approved on 13 April 1959
and he was furnished an undesirable discharge.

The applicant, while  serving  in  the  grade  of  airman  basic,  was
discharged from the Air Force on 24 April 1959 under the provisions of
AFR 39-17 (Unfitness) and  received  an  under  other  than  honorable
conditions discharge.  He served 1 year 7  months  and  7  days  total
active service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg,  West  Virginia,  indicated  on  the  basis  of  the  data
furnished they were unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.   Additionally,  the  discharge  was  within   the   sound
discretion of the  discharge  authority.   Therefore,  they  recommend
denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and  states  that  he  has
spent the last 43+ years as a good husband and father.  His priorities
in life are family, God and country.  He knows he had a  problem  with
alcohol while in the service  and  maybe  a  half  dozen  times  after
leaving, but it never interfered with his family life or their way  of
living.  He again states that he has been a good law  abiding  citizen
for 43 years.  He is proud of the type of citizen he has become  since
leaving the Air Force, but ashamed about  the  reasons  he  left.   He
could apologize to everyone he has ever hurt a hundred times,  but  he
could never make up for his actions in the service.  As a civilian  he
would be proud to match up to anyone for character, morality,  honesty
and unbending love and devotion to his family.

He is asking for clemency because he thinks that 43  years  should  be
more than enough punishment for his errors of youth.

Applicant also provided statements, from his wife, daughter, and three
character references.

A complete copy of applicant’s response, with attachments, is attached
at Exhibit F.

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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.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or  injustice.   After  reviewing  the
evidence of record, we are not persuaded that the applicant’s  records
are in error  or  that  he  has  been  the  victim  of  an  injustice.
Therefore, we agree with opinions and recommendations of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim of an error or injustice.   We  also
find insufficient  evidence  to  warrant  a  recommendation  that  the
discharge be upgraded on the basis of clemency.   We  have  considered
applicant’s overall quality of service, the events which  precipitated
the  discharge,  and  available  evidence  related   to   post-service
activities and accomplishments.  On balance, we do  not  believe  that
clemency is warranted.  In the absence of evidence to the contrary, we
find no compelling basis to recommend granting the  relief  sought  in
this application.

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THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

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The following members of the  Board  considered  this  application  in
Executive Session on 10 September 2002, under the provisions of AFI 36-
2603:

                       Mr. Joseph A. Roj, Panel Chair
                       Mr. Thomas J. Topolski, Jr., Member
                       Ms. Marilyn Thomas, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 Apr 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 1 May 02.
      Exhibit E. Letter, AFBCMR, dated 10 May 02.
      Exhibit F. Applicant’s Letter, dated 4 Aug 02, w/atchs.



                             JOSEPH A. ROJ
                             Panel Chair