RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  0202418

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be  upgraded  so  he  can  be  buried  in  a
national cemetery.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was in trouble in the Air Force because of his drinking.   However,
he has been sober without a drink for 28 years--thanks to AA  and  the
grace of God.

In support of his application, the applicant submits a copy of his  DD
Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
28 May 54 for a period of 4 years.  0n 29 Aug 57 under the  provisions
of AFR 39-17 (unfitness) he received  an  undesirable  discharge.   He
served 3 years, 8 months, and 29 days of total active service.

The applicant received a special court-martial on 27 Jul 56  and  was
found guilty of willfully and  wrongful  exposing  his  penis  in  an
indecent manner to public view on 31 Mar and 18 Jun 56.  He  received
4  months  confinement  and  fined  $260.   On  16  Jun  57,  he  was
apprehended by civil authorities for indecent exhibition in a  public
place.  On 21 Jul 57, a summary court-martial confined the member  at
hard labor for 30 days with a $50 fine.  On 2 Jul 57, the applicant's
commander notified him that he was being discharge for amoral  traits
and repeated offenses.




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 states that the applicant did  not  identify  any  specific
errors  in  the  discharge  processing.   However,   considering   the
discharge  occurred  45  years  ago,  and  considering  his  otherwise
honorable service, his young age, the reason for discharge action  and
his departure from drinking, DPPRS recommends clemency.  If a check of
the Federal Bureau of Investigation files proves negative, we recommed
the discharge be upgraded to under honorable conditions (general).  He
did not file a timely request.

AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant's sister reviewed the Air Force Evaluation and  the  FBI
report and stated that her brother has always loved  his  country  and
the Air Force.  He has always regretted what happened in his past.  He
has devoted 28 years helping others to change their lives and  she  is
asking the Board please, as his sister to ask for a quick  review  and
allow  her  brother  to  be  buried  in  the  Veteran's  Cemetery   at
Crownsville, Maryland before he passes away.  He knows that because he
has been released from his doctor and hospice is  involved,  his  days
may not be many and as she asked above, she would like for him to know
he can be buried there.  It would be so important to him  to  know  he
could be buried there.  This is a wish  that  he  has  stated  to  his
family.  His wish is that he could be buried in the Veteran's Cemetery
and this is why his wife began attempting to ask for a reconsideration
of his military record.  She  called  this  office  for  help  to  get
information  and  documentation  to  help  reconsider  his  case   for
clemency.  She is asking the Board to please consider clemency for him
and allow his burial in the Veteran's Cemetery.   She  also  submitted
letters of recommendation from neighbors and friends.

Applicant's sister complete response 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of injustice.  After reviewing the applicant’s  military
service record, we are persuaded that partial relief is appropriate on
the basis of clemency.  In this respect, we are in agreement with  the
opinion and recommendation of the appropriate  Air  Force  office,  HQ
AFPC/DPPRS, that considering the known facts of his discharge and  the
fact that his FBI report indicates no  adverse  information  over  the
past 40 years, his discharge should be upgraded to general.   However,
in view of his overall record of service, we are  not  persuaded  that
further upgrade of his discharge to fully honorable is warranted.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 29 August 1957, he
was discharged with service characterized as general (under  honorable
conditions).

_________________________________________________________________

The following members of the Board considered Docket  Number  02-02418
in Executive Session on 6 November 2002, under the provisions  of  AFI
36-2603:



            Mr. Roscoe Hinton, Jr., Panel Chair
            Mr. John E. Pettit, Member
            Ms. Brenda L. Romine, Member

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

      Exhibit A. DD Form 149, dated 20 Jul 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report, dated 5 Sep 02.
      Exhibit D. Letter, AFPC/DPPRS, dated 16 Aug 02.
      Exhibit E. Letter, SAF/MRBR, dated 30 Aug 02.
      Exhibit F. Applicant's Response, dated 9 Oct 02.




                                   ROSCOE HINTON, JR.
                                   Panel Chair
AFBCMR 02-02418




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 29 August
1957, he was discharged with service characterized as general (under
honorable conditions).







      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency