RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02059
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

This application for correction of the records of [former member]  was
submitted by (Widow).


APPLICANT REQUESTS THAT:

Her late husband's general  discharge  be  upgraded  to  an  honorable
discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Her late husband served his country honorably for almost three  years.
She is not seeking VA benefits - she simply wants  his  record  to  be
honorable.

In support of her request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  her
contentions.  The applicant's complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The former member contracted his enlistment in the Army Air  Corps  in
the grade of private on 23    Nov 42.  He was  progressively  promoted
to the grade  of  corporal  (effective  date  and  date  of  rank  are
unknown).  The applicant was reduced to the grade of private for being
absent without leave (AWOL), during the period 4-6 Jan 45, per Special
Order No. 8, dated 9 Jan 45.

On 3 Jan 45, the applicant was recommended for discharge based on  the
opinion of the Chief of the Neuro-psychiatric Section that the  former
member was unfit for military service.  On 27 Feb  45,  the  applicant
met a Board of Officers to determine whether or not the former  member
should be discharged prior to expiration of his term of service.   The
Board of Officers recommended the applicant  be  discharged  from  the
service for habits and traits of character which render his  retention
in the service undesirable.   He  received  an  other  than  honorable
conditions discharge on 23  Aug 45 under the provisions of AR  615-368
(unfitness - not eligible for reenlistment, induction or reinduction).
 He had completed a total of 2 years, 9  months  and  1  day  and  was
serving in the grade of private at the time of discharge.

The former member's request for upgrade of his  discharge  from  under
other than honorable to honorable was  considered  by  the  Air  Force
Discharge Review Board (AFDRB) on 26 Jul 82.  The AFDRB concluded that
the applicant's overall quality  of  service  was  more  appropriately
reflected  by  a  discharge  under  honorable   conditions   (general)
discharge.  The former member's discharge  was  upgraded  to  general,
effective 23 Aug 45, per Title 10, USC 1553 (Directed by the Secretary
of the Air Force).  A copy of the AFDRB Hearing Record is appended  at
Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied.   DPPRS  indicated
that, at the time the Air  Force  Review  Board  upgraded  the  former
member's discharge to general, they stated that  "further  upgrade  of
the  discharge  was  not  appropriate  because  his  records   reflect
extensive, though minor,  acts  of  misconduct.  Although  applicant's
personality disorder explains the  acts  of  misconduct,  it  did  not
excuse them."  DPPRS stated that the applicant did not submit any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.  Additionally, the applicant provided  no  facts
warranting  a  change  in  the  former  member's  discharge.   The  HQ
AFPC/DPPRS evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the advisory opinion and provided a copy of her
late husband's eulogy.   The  applicant's  complete  submission,  with
attachment, is at Exhibit F.
_________________________________________________________________

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.  We note  that  the  Air
Force Discharge Review Board (AFDRB) upgraded the characterization  of
the former member’s discharge to under honorable conditions  (general)
due to his overall quality of service.  However, AFDRB did not believe
that further upgrade was appropriate because of his extensive acts  of
misconduct.  The majority  of  the  Panel  noted  that  no  persuasive
evidence was provided showing the information in  the  discharge  case
file was erroneous, that the former member’s substantial  rights  were
violated,  or  that  the  former  member’s  commanders  abused   their
discretionary authority.   In  addition,  the  former  member’s  post-
service documentation, provided in support of his  AFDRB  appeal,  was
noted.   The  former  member’s  efforts  since  his   discharge   were
commendable; however, the majority of the Panel is not persuaded  that
the documentation is sufficient to overcome the applicant’s misconduct
which, ultimately, resulted in his discharge.  It is  the  opinion  of
the majority  of  the  Panel  that  the  applicant  has  submitted  no
convincing evidence warranting  further  remedy  beyond  that  already
afforded the former member by the AFDRB.  While the  majority  of  the
Panel is not unsympathetic toward the former member’s family, in  view
of the above, the majority of the Panel finds no  basis  on  which  to
favorably consider this application.
_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  Panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 August 2002, under the provisions of  AFI  36-
2603:

                  Ms. Peggy E. Gordon, Panel Chair
                  Mr. James W. Russell III, Member
              Mr. Albert J. Starnes, Member

Messrs. Russell and Starnes voted to  deny  the  applicant's  request.
Ms. Gordon voted to grant the applicant’s request but did  not  desire
to submit a minority report.  The following documentary  evidence  was
considered:

   Exhibit A.  DD Form 149, dated 8 Apr 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  AFDRB Hearing Record, dated 21 Jul 82.
   Exhibit D.  Letter HQ AFPC/DPPRS, dated 2 Jul 02.
   Exhibit E.  Letter, SAF/MRBR, dated 19 Jul 02.
   Exhibit F.  Letter from Applicant, dated 24 Jul 02, w/atch.




                                   PEGGY E. GORDON
                                   Panel Chair


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                    CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:   -- (DECEASED, --, Docket No:  02-02059

      I have carefully considered all the aspects of this case and
agree with the minority member of the panel that the applicant’s
request for upgrade of her late husband’s discharge should be
approved.

      After reviewing the evidence presented, I believe that approval
of the requested relief is warranted based on clemency.  The record
reveals that, in 1982, the Air Force Discharge Review Board (AFDRB)
found that the former member should have been discharged as
unsuitable. Therefore, the AFDRB upgraded the former member’s
discharge to general due to the overall quality of his service.  In
addition, substantial evidence has been provided to indicate that,
subsequent to his separation, the former member was a productive and
valued member of his community.  These supporting documents make no
excuses for the former member’s past conduct while in the military
service.  They do, however, indicate that he had led an exemplary life
in the civilian sector since his discharge.

      I am convinced that the former member’s impeccable post-service
conduct over an extensive period of time is sufficient reason to
approve an upgrade based on clemency.  I therefore agree with the
minority member of the panel and direct that the former member’s under
honorable conditions (general) discharge be upgraded to an honorable
discharge.





      JOE G. LINEBERGER

      Director

      Air Force Review Boards Agency
AFBCMR 02-02059




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 [former member] (Deceased), --, be corrected to show
that, on 23 August 1945, he was honorably discharged and furnished an
Honorable Discharge certificate.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency