RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01387
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was only 17 years of  age  when  he  entered  the  Air  Force.   He
supposes in the eyes of his superior, and, as a fact,  he  was  rather
immature.

In support of the appeal, applicant submits a copy of his DD Form 293,
a copy of an official report of test results, a character reference, a
copy of his DD Form 214 and service records  (13  pages),  a  copy  of
employment - Security Guard records (7 pages) a personal statement,  a
letter from his wife, a copy of CCBI information, a copy of the  Order
of the Long Leaf  Pine,  a  copy  of  Memorandum  from  Department  of
Corrections,  a copy of his AFDRB  Brief,  a  copy  of  8  awards  and
training certificates, and a photocopy of his drivers license.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in Regular Air Force on 23 March 1955, in the grade
of airman basic.  He was promoted to the grade of airman  first  class
(E-2) on 14 July 1955.

The applicant’s discharge case file has been lost or  destroyed.   The
following information was extracted from a brief prepared  by  an  Air
Force Discharge Review Board examiner on 5 March 1959.  On 10 February
1956, the applicant’s commander notified the  applicant  that  he  was
recommending he  be  separated  under  the  provisions  of  AFR  39-17
(Unfitness) because of an unacceptable behavior  pattern  on  frequent
occasions.  He had been court-martialed  for  failing  to  go  to  his
appointed place of duty on 2 December 1955.  He was confined  at  hard
labor for 30 days, reduced to airman basic and was ordered to  forfeit
$30.00.  He was  again  court-martialed  for  failing  to  go  to  his
appointed place of duty on 5 December 1956.  He was confined  at  hard
labor for 15 days and ordered to forfeit  $35.00.   In  addition,  the
applicant was punished via nonjudicial proceedings on  four  occasions
for failure to repair (three instances) and fighting on  duty  on  one
occasion.

On 10 February 1956, the applicant requested separation under AFR  39-
17 in lieu of board proceedings.  His case  file  was  reviewed  by  a
staff judge advocate and, a medical board determined that he possessed
no  medical  or  physical  defects  requiring  separation  under   the
provisions of AFM 35-4.  It appears that the discharge was approved on
24 March 1956.

The applicant, while  serving  in  the  grade  of  airman  basic,  was
separated from the Air Force on 30 March 1956 under the provisions  of
AFR 39-17 (Unfitness) with an Under Other  Than  Honorable  Conditions
(UOTHC) discharge.  He had served 10 months  and  29  days  on  active
duty.  Time lost was 40 days due to confinement.

On 10 March 1959, the applicant’s request for an  honorable  discharge
and a waiver to reenlist was considered and denied by  the  Air  Force
Discharge Review Board.

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.   Additionally,  the  discharge  was  within   the   sound
discretion of the discharge authority.  The Air Force Discharge Review
Board denied the applicant’s upgrade request to reenlist on  20  March
1959.  The applicant did not  identify  any  specific  errors  in  the
discharge processing.  However,  considering  the  discharge  occurred
over 46 years ago, the type of offenses, and his  age  at  that  time,
they recommend  clemency.   If  a  check  of  the  Federal  Bureau  of
Investigation files proves negative, they recommend the  discharge  be
upgraded to under honorable conditions (general).

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 July 2002, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response within  30  days.   As  of  this
date, this office has received no response.

_________________________________________________________________

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.  Although no  evidence  has  been  provided
which would lead us to believe the applicant’s discharge was  improper
at  the  time  it  was  effected,  we  believe  evidence  supports   a
recommendation for partial relief based on clemency.  It appears  that
subsequent to his separation, the  applicant  has  been  a  productive
member of society.  In view of this fact and the applicant’s youth and
apparent immaturity at  the  time  he  served,  we  believe  that  the
continued imposition of the undesirable discharge no longer serves any
useful  purpose  and  that  his  service  characterization  should  be
characterized as “under honorable conditions.”  We are not inclined to
favorably consider the  applicant’s  request  for  a  fully  honorable
discharge based on the short period of time he served before he  began
to commit the infractions which led to his  separation;  a  period  of
only five months.  Accordingly, it is our opinion that the applicant’s
records should be corrected to the extent recommended 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 30 March 1956,  he
was discharged with service characterized as general (under  honorable
conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 March 2003, under the provisions  of  AFI  36-
2603:

                  Mr. Roscoe Hinton Jr., Panel Chair
                  Ms. Dorothy P. Loeb, Member
              Ms. Patricia D. Vestal, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:


   Exhibit A.  DD Form 149, dated 17 Jun 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 26 Jun 02.
   Exhibit E.  Letter, SAF/MRBR, dated 3 Jun 02.




                                   ROSCOE HINTON JR.
                                   Panel Chair







AFBCMR BC-2002-01387
INDEX CODE:  110.00



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 30 March 1956, he was
discharged with service characterized as general (under honorable
conditions).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency