RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02613
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not able to adjust to military life.  He  went  absent  without
leave (AWOL) because of this.  He requested that he be  sent  overseas
and was sure that he would have been OK.  He was very immature.

In support of his  application,  the  applicant  provided  a  personal
statement and a copy of his discharge document.  Applicant's  complete
submission, with attachments, is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s  master  personnel  record  (MPR)  appears  to  have  been
destroyed by the 1973 fire at the National  Personnel  records  Center
(NPRC) in St.  Louis.   Based  on  the  available  documentation,  the
following facts are provided.

Applicant enlisted in the Regular Air Force on 5 April 1954 at the age
of 17.

On 19 September 1955, while serving in the grade of airman  basic,  he
was discharged under the  provisions  of  AFR  39-17  (Unfitness)  and
separated with an undesirable  discharge.   He  was  credited  with  7
months and 26 days of active duty.  Time lost was 288 days.

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).

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPRS states that the applicant did not submit any  new  evidence
or  identify  any  errors  in  the  discharge  processing.    However,
considering the discharge occurred over 46 years ago and the  lack  of
records, they recommend clemency.  If a check of the Federal Bureau of
Investigation  (FBI)  files  proves  negative,  they   recommend   the
discharge be upgrade to under honorable conditions (general).

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he is totally ashamed of what occurred  when  he
was in the USAF.  His trouble stemmed from his not being mature enough
to handle things.  He was 17 years old at the time  he  enlisted.   He
was home sick and was not able to adjust to  military  life.   He  has
regretted all the bad decisions that he made at that time.   His  only
crime was that he went AWOL.  He always turned himself in and knew  he
would have to face  whatever  punishment  would  be  handed  out.   If
anything good came out of this it was that it made him a  much  better
person in the long run.  He has been married for  40  years,  has  two
daughters and four grandchildren; and was able to  purchase  a  house.
He has worked in the same type of business for 40 years  and  has  had
the pleasure of meeting a lot of good people.  He has  never  been  in
trouble with the authorities.  His family knows what he did  while  he
was in the Air Force and how sorry he  is  about  what  happened.   He
loves his country and would never do anything  to  hurt  it.   He  has
always been upstanding and truthful.  If he had to do it over he would
be a good airman.  He had a twin brother who enlisted in the Marines 5
years after he went in.  He was named recruit of  the  month  at  Camp
Lejune and was honorably discharged after his time was up.  That was 5
years after he enlisted.  He was  mature  enough  and  knew  what  the
applicant did and how he regretted his  mistakes.   The  applicant  is
sure he had some impact on his brother.  Today, the applicant lives in
a retirement village in N--- J--- and has a house that  is  paid  for.
He hangs his flag outside his home every day.  He is proud  to  be  an
American.  He asks that this discharge be granted so he can have  some
dignity.  He is so sorry that this incident had to happen.

Applicant's  complete  response,  with  attachments,  is  attached  at
Exhibit F.  In addition, applicant has provided  additional  character
references.

_________________________________________________________________

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.    We find no impropriety in the  characterization  of  applicant's
discharge.  It appears that responsible officials applied  appropriate
standards in effecting the separation, and we do not  find  persuasive
evidence that pertinent regulations were violated  or  that  applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.  Considered alone, we conclude  the  discharge  proceedings
were proper and characterization of the discharge was  appropriate  to
the existing circumstances.

4.    Consideration of this Board, however,  is  not  limited  to  the
events which precipitated the  discharge.   We  have  a  Congressional
mandate  which  permits  consideration   of   other   factors;   e.g.,
applicant's background, the overall  quality  of  service,  and  post-
service activities and accomplishments.   Further,  we  may  base  our
decision on matters of inequity and clemency  rather  than  simply  on
whether rules and regulations which existed at the time were followed.
 This is a much broader consideration than officials involved  in  the
discharge were permitted, and our decision in  no  way  discredits  or
questions the validity of their decision.

5.    Under our broader mandate and after careful consideration of all
the facts and circumstances of applicant's case, the majority  of  the
Board is persuaded that applicant has overcome the  behavioral  traits
which led to the contested discharge and has been a productive  member
of society.  The majority of the Board recognizes the  adverse  impact
of the discharge applicant received;  and,  while  it  may  have  been
appropriate at the time, the majority believes  it  would  now  be  an
injustice for  the  applicant  to  continue  to  suffer  its  effects.
Accordingly, the majority of the Board finds that corrective action is
appropriate on the basis of clemency and is of the  opinion  that  the
applicant’s discharge should be upgraded to general  (under  honorable
conditions).  The  Board  majority  does  not  believe  upgrading  the
applicant’s discharge to fully honorable,  as  he  has  requested,  is
appropriate based on the short period of time the applicant served and
because of the inordinate amount of time lost to the government.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 19 September  1955,
he  was  discharged  with  service  characterized  as  general  (under
honorable conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 October 2002, under the provisions of  AFI  36-
2603:

                 Mr. Philip Sheuerman, Panel Chair
                  Mr. James W. Russell, III, Member
                 Mr. Robert S. Boyd, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Russell voted to deny applicant's request, but  does
not desire to submit a Minority  Report  for  review.   The  following
documentary evidence was considered:

      Exhibit A. DD Form 149, dated 7 Sep 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 29 Oct 01.
      Exhibit E. Letter, AFBCMR, dated 16 Nov 01.
      Exhibit F. Applicant’s Response, dated 21 Jan 02, w/atchs.




                                PHILIP SHEUERMAN
                                Panel Chair







AFBCMR 01-02613
INDEX CODE:  110.00




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, be corrected to show that on 19 September 1955, he
was discharged with service characterized as general (under honorable
conditions).






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency