RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2002-03096
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

      XXXXXXXXXXXXXX                    HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be  upgraded  to  an  honorable  or  general
discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His good service was not given consideration.

In support of his application, he provided a personal statement; a  copy  of
DD Form 293, Application for the Review of Discharge or Dismissal  from  the
Armed Forces of the United States; a copy of his DD Form 214,  Armed  Forces
of the United States Report of  Transfer  or  Discharge;  and  documentation
from his court-martial.  A copy of the applicant’s complete submission  with
attachments is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 25 October 1950, the applicant enlisted in the Regular Air Force  at  the
age of 17 in the grade of private (E-1) for a period  of  four  years.   The
applicant was trained in  Air  Force  Specialty  Code  (AFSC)  702X0,  Clerk
Typist.  He continued to enlist and serve on active duty, entering his  last
enlistment on 3 April 1958, when he reenlisted for a period of 6 years.   He
was progressively promoted to the temporary grade of  Staff  Sergeant  on  1
February 1956 and, prior  to  the  events  under  review,  his  service  was
consistently characterized as “very good” or “excellent.”

On 8 January 1959, a  special  court-martial  convicted  the  applicant  for
borrowing money from and gambling with basic trainees.  He was sentenced  to
a reduction in grade to airman first class and forfeiture of $40  per  month
for two months.  On 18 September 1959,  a  special  court-martial  convicted
the applicant for being Absent Without Leave (AWOL) from 22 June 1959 to  26
July 1959.  He was also found guilty of loaning, without  proper  authority,
a government typewriter of a value of more than $50.   His  sentence  was  a
bad conduct discharge, confinement at hard labor for six months,  forfeiture
of $40 per month for six months and reduction to the grade of airman  basic.
 The sentence was ordered into execution on 21  February  1959  and  he  was
discharged from the Air Force on 28 October 1959  under  the  provisions  of
AFR 39-18 with a bad conduct discharge.  He had served 8  years,  7  months,
and 26 days on active duty.   Time  lost  was  129  days  due  to  AWOL  and
confinement.

Pursuant to the Board’s request, the FBI indicated that on the basis of  the
data furnished, they were unable to locate an arrest  record  pertaining  to
the applicant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends clemency.  DPPRS states the discharge  was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation and was within the discretion of the  discharge  authority.   The
applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the discharge processing.  DPPRS states that based  on  the
offense and the  fact  that  it  occurred  more  than  42  years  ago,  they
recommend  his  discharge  be  upgraded  to   under   honorable   conditions
(general), if his FBI files prove negative.   The  DPPRS  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  1
November 2002, for review and comment within 30 days  (Exhibit  D).   As  of
this date, this office has received no response.

The applicant was given the opportunity to submit comments about  his  post
service activities.  His reply, with attachments, is at Exhibit E.

_________________________________________________________________

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 probable injustice.  The applicant’s discharge  had  its  basis
in his trial and conviction by a military court.  Even  though  no  evidence
has been provided which would lead us to believe  that  the  punishment  was
disproportionate for the offenses of which  he  was  convicted,  we  believe
there are elements in this case which warrant the approval  of  some  relief
based on clemency.  The record shows that  prior  to  the  applicant’s  last
enlistment, he had served honorably and well,  including  service  performed
in Southeast Asia, for more than  seven  and  one-half  years.   During  his
first two  enlistments,  his  efficiency  and  character  were  consistently
characterized  as  excellent  and  he  was  progressively  promoted  to  the
temporary grade of staff sergeant, and his enlistments were terminated  with
honorable discharges.  In view of the totality of  the  applicant’s  service
record  and  because  we  are  satisfied  by  the  evidence  provided   that
subsequent to his discharge in 1959, the  applicant  has  had  a  successful
post-service adjustment and  that  has  maintained  the  standards  of  good
citizenship, we believe clemency in the form of a general  (under  honorable
conditions) discharge would be appropriate.  We  do  not  believe  upgrading
the discharge to fully honorable is warranted based on  the  seriousness  of
the  infractions  the  applicant  committed  against  the  good  order   and
discipline of the service.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT  be  corrected  to  show  that  on  24  October  1954,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 16 April 2003, under the provisions of AFI 36-2603:

            Mr. Roscoe Hinton Jr., Panel Chair
            Ms. Brenda L. Romine, Member
            Mr. Steven A. Shaw, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2002-03096
was considered:

     Exhibit A.  DD Form 149, dated 24 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 24 Oct 02.
     Exhibit D.  Letter, SAF/MRBR, dated 1 Nov 02.
     Exhibit E.  Applicant’s Letter, dated 27 Feb 03.



                                                   ROSCOE HINTON JR.
                                                   Panel Chair


AFBCMR BC-2002-03096




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 28  October  1959,  he
was discharged  with  service  characterized  as  general  (under  honorable
conditions).





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency