RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03017
INDEX CODE: 110.00, A92.22
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time he was discharged he was a 21 year-old kid who made a
mistake. Since then, he has matured into a responsible adult.
In support of his appeal, the applicant provided letters of character
reference from members of his church and his employer.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his enlistment in the Regular Air Force on 5
Jan 1954. He was promoted to Airman 3rd Class (A3C/E-2) with a date
of rank of 17 Mar 1954.
On 7 July 1954, applicant received an Article 15 for not reporting to
his place of duty on or about 2 July 1954. Consequently he was
reduced in grade to Airman Basic (AB/E-1) effective and with a date of
rank of 17 July 1954. He received a summary court-martial on 31
August 1954, for being Absent Without Leave (AWOL), 10-14 August 1954.
He was sentenced to confinement at hard labor for 15 days and
forfeiture of $25. He received a second summary court-martial on 22
December 1954, for being AWOL 12-20 November 1954. He was sentenced
to confinement at hard labor for 30 days and forfeiture of $45. On 6
May 1957, the applicant was tried and convicted by a civil court for
Carnal Knowledge. He was sentenced to 60 days in jail and 1 year
probation.
On 8 May 1957, the applicant was notified that he was being
recommended for discharge due to conviction by a civil court. He
received an undesirable discharge, with service characterized as Under
Other Than Honorable Conditions, on 17 May 1957 under the provisions
of AFR 39-22 (Conviction by Civil Court). He had completed a total of
3 years and 11 days (not including 122 days of lost time), and was
serving in the grade of Airman 2nd Class (E-3) when discharged.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report pertaining
to the applicant, which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial of the applicant’s request. DPPRS
states that the discharge was within the procedural and substantive
requirements of the discharge regulation and that the applicant failed
to provide any new evidence nor show that any errors or injustices
occurred during the processing of his discharge. DPPRS noted that the
applicant did not file a timely request. (Exhibit D)
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In addition to the letters of character reference submitted with his
application, the appliant provided a letter from a member of his bible
study group. He also submitted a copy of a New Jersey Army National
Guard discharge document that characterizes the his prior reserve
component service (25 May 53 - 4 Jan 54) as honorable.
The applicant states that he has attended Alcoholic’s Anonymous
meetings and has not drank alcohol for the past 20 years. He is truly
sorry for his actions while in the Air Force and states that he thinks
about his undesirable discharge every day.
Applicant’s complete response, with attachments, is at 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 not been presented to demonstrate
the existence of error or injustice regarding the applicant’s request
to have his discharge upgraded to honorable. 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. Nor does the
applicant allege any errors occurred. Nevertheless, it appears that
the applicant has been a responsible citizen and productive member of
society since his separation, as evidenced by the post-service
documentation he has provided. Therefore, we believe an upgrade of
his discharge to honorable is warranted on the basis of clemency.
Accordingly, we recommend that the records be corrected as indicated
below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 17 May 1957, he was
honorably discharged and furnished an Honorable Discharge certificate.
________________________________________________________________
The following members of the Board considered this application 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
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Sep 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 19 Dec 02.
Exhibit D. Letter, HQ AFPC/DPPRS, dtd 4 Nov 02.
Exhibit E. Letter, SAF/MRBR, dtd 15 Nov 02.
Exhibit F. Letter, AFBCMR, dtd 31 Dec 02, w/atch.
Exhibit G. Letter, Applicant, dtd 12 Jan 03, w/atchs.
PHILIP SHEUERMAN
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR 02-03017
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 17 May 1957,
he was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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