RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03230
            INDEX CODE:  110.02
            COUNSEL:  STEPHEN C. GLASSMAN

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was in a culture where travel claims for wives to return home were  often
being made by members who were on indefinite TDY.  It  was  frequently  done
that even enlisted personnel in the pay office regarded it as  routine.   He
made such a claim.  He knew it was wrong.  In order for him to avoid  court-
martial, he resigned from the service knowing it would be under  other  than
honorable conditions.  After his resignation, the  Secretary  determined  to
reduce the punishment on another  similar  case,  to  a  minor  fine  and  a
reprimand.  However, this was done after he had resigned.  No  other  member
suffered the punishment  leveled  upon  him  despite  the  numerous  similar
cases.

In support of his request, he submits counsel’s statement with  Exhibits  1-
14.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  records  were   lost   or   destroyed   and   efforts   at
reconstruction have been, for the most part,  unsuccessful.   The  following
is the only known information pertaining to the applicant's service and  was
extracted  from  the  partially  reconstructed  record  and  from  documents
provided by the applicant.

On 3 March 1954, the Air Force Discharge Review  Board  denied  his  request
for a discharge upgrade.

According to the Federal Bureau of Investigation  Report  dated  27 November
2002, the applicant has had no convictions since his discharge.
The remaining relevant facts pertaining to his discharge are  contained  in
the letter prepared by the appropriate office of the Air Force  at  Exhibit
C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that the applicant was  facing  a  possible  court-martial
for submitting a false travel claim.  Applicant admitted that  he  falsified
a travel voucher and collected  $198.56  reimbursement  for  travel  of  his
dependents that they did not accomplish.  He requested to be discharged  for
the good of the service and understood he could  receive  an  UOTHC.   DPPRS
believes the  discharge  was  consistent  with  procedural  and  substantive
requirements of the discharge  regulation.   However,  if  a  check  of  the
Federal Bureau of Investigation files proves negative, DPPRS recommends  the
discharge be upgraded to general.

The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Counsel reiterates that the offense committed  by  the  applicant  was  also
committed by other military members  within  his  command.   Thirty-nine  of
those  officers  were  investigated.   One  case  led  to  a   court-martial
prosecution; however, when the Secretary of the  Air  Force  considered  the
conviction of the court-martialed officer,  he  commuted  that  sentence  to
$300 loss in pay.  Counsel  disagrees  with  the  quantum  of  relief  being
recommended.  He states that the applicant  seeks  an  honorable  discharge,
the same category of discharge that his  contemporaries  who  committed  the
same offense received.

The counsel’s letter with the applicant’s personal statement 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 an injustice warranting upgrading of his discharge to  general,
under honorable conditions.  We note that the applicant contends,  in  part,
that others, who committed  the  similar  offense  as  he,  were  fined  and
allowed to continue  their  careers;  however,  he  has  failed  to  provide
evidence to substantiate his allegation.  However, regardless of  the  other
individuals, it appears that the  applicant  chose  to  resign  in  lieu  of
facing a court-martial.  Therefore, his case is, in our  opinion,  different
than those who chose to stay and fight  the  offense(s).   In  view  of  the
above and in the absence of evidence showing that he was forced  to  resign,
we do not believe that he has been the victim of  an  injustice.   The  only
other basis upon which to consider an upgrade of his discharge is  based  on
clemency.  After noting the comments provided by the Air Force and  in  view
of  his  apparent  excellent  post-service  record,  we  believe  that   his
discharge should be upgraded to general, under honorable conditions.

4. The applicant's case is adequately documented and it has not  been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected  to  show  that,  on  20  December  1952,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 26 March 2003 under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. James W. Russell, III, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 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.  Letter, Counsel/Applicant, dated 25 Nov 02.




                                  THOMAS S. MARKIEWICZ
                                  Vice Chair
AFBCMR 02-03230




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 XXXXXXXX, be corrected to show that at the time of his
discharge on 20 December 1952, he was discharged with service characterized
as general (under honorable conditions).






                                  JOE G. LINEBERGER
                                  Director
                                   Air Force Review Boards Agency