RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01029
            INDEX CODE:  A50.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was dealt with unfairly by his squadron  commander.   He  deviously
crafted his letter recommending his separation in such a fashion as to
intentionally  mislead  the  discharge  board  to  conclude  that   he
committed more  offenses  than  he  actually  had  committed,  thereby
influencing the type of service characterization.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement, supportive  statements,  and  extracts  from  his  military
personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  3  Jan  57  for  a
period of four years.

Applicant’s limited military personnel records indicate that on 25 Jul
58, his commander recommended that he be ordered  before  a  board  of
officers convened under the  provisions  of  AFR  39-17  to  determine
whether he  should  be  discharged  from  the  service  prior  to  the
expiration of his term of enlistment.  The reasons for the recommended
action were that on 19 Jul 57, he was brought  to  official  attention
through a letter of indebtedness.  On 2 Aug 57, he received an Article
15 consisting of two weeks’ restriction for being late for  instructor
training.  On 12 Aug 57,  the  squadron  received  another  letter  of
indebtedness on the applicant.  On 27 Aug 57, he  received  a  Summary
Court for contributing to the delinquency  of  a  minor,  receiving  a
reduction in rank,  restriction  to  the  base  for  45  days,  and  a
forfeiture of $28.00.  On 30 Jan  58,  he  missed  his  second  dental
appointment and was restricted for a  week.   On  1  Apr  58,  he  was
apprehended for bringing beer on the base  and  for  this  offense  he
received an Article 15 consisting of two weeks of extra  duty.   On  1
Jun 58, he was picked up by Air Police for wearing  a  mixed  uniform.
On 1 Jul 58, he was late for work.  On 16 Jul 58, he failed to  repair
for work all day.  He was tried for  this  offense  on  22 Jul 58  and
convicted.   He  was  sentenced  to  be  reduced  to   basic   airman,
restriction to the base for 30 days, and a forfeiture of $52.00.

Applicant was discharged on 8 Aug 58 under the provisions of AFR 39-17
(Unfitness) with an other than honorable conditions discharge.  He was
credited with 1 year, 7 months, and 6 days of active duty service.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided an investigative report  which  is
attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial,  indicating  that  based   upon   the
documentation in the file, they believe the discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation, and was within  the  sound  discretion  of  the  discharge
authority.  In AFPC/DPPRS’ view, the applicant did not submit any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.  Additionally, he provided no  facts  warranting
an upgrade of his discharge.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated that the first seven months of his enlistment went
pretty well and he was considered a sharp troop.  During  the  ensuing
eleven months, he received two Articles 15 and two Summary Courts  for
such things as a letter of indebtedness, being late for duty,  missing
dental appointments, being out of uniform, and bringing beer on  base.
He does not dispute the available  record.   Before  coming  into  the
service, he had quit  drinking  and  also  cleaned  up  his  finances.
However, while he was at instructor school at Chanute Air  Force  Base
(AFB), his wife started running up bills back  home  and  sent  him  a
“Dear John” letter.  She did join him but  eventually  left  him.   At
about this time, he started drinking and could not keep  up  with  his
bills.  His drinking also interfered with him keeping  up  with  other
things, which ultimately led to his discharge.

He has been very active in Alcohol Anonymous (AA) for 38 years, with a
lifestyle requiring honesty in all of his affairs.  He has no criminal
history nor does he  have  any  violations  recorded  on  his  driving
records.  He has led a happy and quiet  life.   The  only  cloud  that
hangs over his head is his discharge.

Applicant’s complete response, with attachments, is at Exhibit F.

A copy of the Federal Bureau of Investigation Report was forwarded  to
applicant on 11 Oct 02 for review and response.  As of this  date,  no
response has been received by this office (Exhibit G).

_________________________________________________________________

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  warrant  an
upgrade of the applicant’s discharge solely on the basis of  clemency.
The evidence of record reflects that the applicant was discharged  for
unfitness.  No evidence has been presented  which  would  lead  us  to
believe his discharge was improper or contrary to the directive  under
which it was effected.  However,  we  noted  that  the  applicant  was
discharged in 1958.  In view of the passage of time, the  post-service
documentation provided by the applicant, and his  apparent  successful
transition to civilian life, we believe the  continued  stigma  of  an
other than honorable conditions  discharge  is  unduly  harsh  and  no
longer serves any useful purpose.  Therefore, we are  of  the  opinion
that  upgrading  the  applicant’s  discharge  to  general,  based   on
clemency,  would  be  appropriate  in  this  case.   Accordingly,   we
recommend  that  the  applicant’s  other  than  honorable   conditions
discharge be upgraded to general.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 8 Aug 58,  he  was
discharged with service  characterized  as  general  (under  honorable
conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
01029 in Executive Session on 7 Nov 02, under the provisions of AFI 36-
2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. James W. Russell III, Member
      Mr. Thomas J. Topolski, Jr., Member

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

     Exhibit A.  DD Form 149, dated 13 Mar 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report.
     Exhibit D.  AFPC/DPPRS, dated 18 Apr 02.
     Exhibit E.  Letter, SAF/MRBR, dated 10 May 02.
     Exhibit F.  Letter, applicant, dated 13 Jul 02, w/atchs.
     Exhibit G.  Letter, AFBCMR, dated 11 Oct 02.




                                   WAYNE R. GRACIE
                                   Panel Chair









AFBCMR 02-01029




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 8 Aug 58, he was
discharged with service characterized as general (under honorable
conditions).







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency