RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03514
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  undesirable  discharge  be  upgraded  to   general   (under   honorable
conditions) and the narrative reason for discharge be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His  previous  efficiency  ratings/behavior  and  proficiency   marks   were
considered by his commander (386th Fighter/Bomber Squad), which  shows  bias
on the part of his commander.

In support of his appeal,  the  applicant  provided  a  personal  statement,
eight  (8)  character  reference  letters,  and  a  certificate   of   birth
registration.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by  fire  in  1973  at
the  National  Personnel  Record  Center  (NPRC)  in  St.  Louis,  Missouri.
Therefore, the circumstances leading to his discharge  from  the  Air  Force
can not be verified.

The available records indicate the applicant enlisted in the  Air  Force  on
17 December 1953 and was discharged on  11  April  1956,  in  the  grade  of
airman basic with an undesirable discharge, under the provisions of AFR  39-
17 (Unfitness).  He served a total of 2 years, 3  months,  and  24  days  of
total active military service.





Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg,  West  Virginia,  indicated  that  on  the  basis  of  the  data
furnished, they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended an upgrade of the applicant’s discharge if  a  search
of  the  Federal  Bureau  of  Investigation  (FBI)  proves  negative.   They
indicated that based upon the documentation in the file,  they  believe  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation in  effect  at  that  time.   Additionally,  the
discharge was within the sound discretion of the discharge  authority.   The
applicant’s military records were totally destroyed in the 1973 fire at  the
NPRC.  However, based on an  entry  in  applicant’s  AF  Form  183,  Morning
Report, dated 12 April 1956, applicant was  discharged  in  accordance  with
AFR 39-17 (Unfitness).  Applicant furnished a  written  statement  admitting
he received an  Article  15  for  insubordination  to  a  superior  officer.
Additionally, he admitted to minor violations  due  to  his  immaturity  and
stated he was coerced to sign a waiver to possible board review  that  could
result in more serious offenses and requested discharge even though  he  was
told he could  receive  an  undesirable  discharge.   He  submitted  several
character statements, but did not submit any new evidence  or  identify  any
errors or injustices that occurred in the discharge processing.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 December  2002,  a  copy  of  the  evaluation  was  forwarded  to  the
applicant for review and response within  thirty  (30)  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 error  or  injustice  warranting  an  upgrade  of  the
applicant’s discharge.  No evidence has been presented which would lead  the
Board to believe the applicant’s discharge was improper or contrary  to  the
directive under which it was effected.  We note that  AFPC/DPPRS  recommends
clemency, if an FBI report is clean on the basis that the discharge is  over
42 years old and the applicant’s youth at that time.  The  Board  notes  the
FBI report is clean and therefore, is of  the  opinion  that  upgrading  the
applicant’s discharge to general  (under  honorable  conditions),  based  on
clemency would  be  appropriate.   Applicant’s  request  for  his  narrative
reason for separation be changed was considered but based  on  the  lack  of
information concerning his overall record, a change in the narrative  reason
is not warranted.   Therefore,  we  recommend  the  applicant's  records  be
corrected to the extent 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 11 April 1956, he was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  02-03514
in Executive Session on 11 February 2003, under the provisions  of  AFI  36-
2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. Billy C. Baxter, Member
                  Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 October 2002, w/atchs.
   Exhibit B.  Fire Related Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 4 December 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 20 December 2002.




                                DAVID C. VAN GASBECK
                                Panel Chair


AFBCMR 02-03514





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   , be corrected to show that on 11 April 1956, he was
discharged with service characterized as general (under honorable
conditions).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency