RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02854
            INDEX CODE:  110.02

            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:

He came from a broken home with a very abusive  stepfather.   As  a
result, he left home when he was 15 years old.   He  had  to  raise
himself and was young and foolish, with no one to guide him in  the
right direction.

In support of his appeal, applicant submitted a personal statement;
a copy of his DD Form  214;  and  letters  from  a  friend  and  an
employer.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 30 August 1951 for a
period of four years, in the grade of private (AB/E-1).

Applicant received character and efficiency  ratings  of  excellent
from 13 Nov 51 – 1 Dec 51; from 4 - 10  Feb  52,  and  28  Apr  52,
character  and  efficiency  ratings  were  excellent;  16  Jun  52,
character rating was  very  good  and  his  efficiency  rating  was
excellent; 1  Jan  53,  his  character  rating  was  good  and  his
efficiency rating  was  satisfactory;  27  Mar  -  7  Apr  53,  his
character and efficiency ratings were  excellent;  1  Jan  54,  his
character rating was  very  good  and  his  efficiency  rating  was
excellent; and  from  1  Jan  54  -  17 Jan 54  his  character  and
efficiency ratings are unknown.

On 15 Jul 52, applicant was convicted by Summary Court-Martial  for
failure to go at the time prescribed to his appointed place of duty
on or about 7 Jul 52.  He was sentenced to a reduction to the grade
of airman basic, restriction to the limits  of  the  base  for  one
month and forfeiture of $30.

On 29 Aug 52, applicant was convicted by Summary Court-Martial  for
being disorderly in his uniform in  a  public  place  on  or  about
27 Aug 52.  He was sentenced to confinement at hard labor (CHL) for
30 days and forfeiture of $50.

On  18  Jan  54,  applicant  was  released  from  active  duty  and
transferred to the Air Force Reserve under the provisions of AFR 39-
14, with a general, under honorable conditions, discharge.  He  was
credited with 2  years,  3  months,  and  11  days  active  service
(excludes  38  days  of  lost  time  due  to   three   periods   of
confinement).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 3 December 2002,  that,
on the basis of data furnished,  they  were  unable  to  locate  an
arrest record (Exhibit C).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
Based on the limited documentation in the  applicant’s  file,  they
found that the discharge was consistent  with  the  procedural  and
substantive requirements of the discharge regulation in  effect  at
the time of his discharge.  Additionally, the discharge was  within
the sound discretion of the discharge authority.  They  also  noted
that the applicant did not submit any new evidence or identify  any
errors or injustices that occurred in the discharge processing  nor
did he provide any facts warranting an upgrade of his discharge.

The complete Air Force evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant   provided   a   personal   statement   summarizing   his
accomplishments since leaving the service.

Applicant’s complete response is 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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  The discharge appears  to  be
in compliance  with  the  governing  regulations  and  we  find  no
evidence to indicate that the applicant’s separation from  the  Air
Force  was  inappropriate  or  that  the  characterization  of  the
discharge  was  inappropriate  to   the   existing   circumstances.
Nevertheless, the majority of the Board  believes  that  relief  is
warranted.  Although the majority of the Board does not condone the
behavior that led to the applicant’s courts-martial and  subsequent
discharge, they believe  it  would  be  an  injustice  for  him  to
continue to suffer the adverse effects of the discharge he received
over 49 years ago.  As evidenced by the negative FBI Report and the
letters of character reference submitted in his behalf, it  appears
that he has been a productive member of society  and  has  overcome
his indiscretions.  Therefore, the majority of the Board finds that
an upgrade of the characterization of his discharge to honorable is
warranted on the basis of clemency.  Accordingly, the  majority  of
the Board recommends that the applicant’s records be  corrected  as
indicated below.

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RECOMMENDATION OF THE BOARD:

The pertinent military records of the Department of the  Air  Force
relating   to   APPLICANT,   be   corrected   to   show   that   on
18 January 1954, he  was  honorably  discharged  and  furnished  an
Honorable Discharge Certificate.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
02-02854  in  Executive  Session  on  18  March  2003,  under   the
provisions of AFI 36-2603:

                 Mr. Philip Sheuerman, Panel Chair
                 Ms. Carolyn B. Willis, Member
                 Mr. James W. Russell, III, Member

By a majority vote, the members voted to  upgrade  the  applicant’s
discharge to honorable.  Mr. Russell voted to deny the request  and
did  not  desire  to  submit  a  minority  report.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 24 Sep 02.
     Exhibit E.  Letter, SAF/MRBR, dated 4 Oct 02.
     Exhibit F.  Letter, Applicant, dated 25 Jan 03.




                                   PHILIP SHEUERMAN
                                   Panel Chair