RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-01770
                                        INDEX CODE:  110.02
                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to honorable or general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not a disobedient airman until he was on main  gate  duty  at  Kadena
AFB, Okinawa and saw bars outside the base.  When he was off duty,  he  went
to one of the bars instead  of  going  to  Old  Koza  where  black  military
personnel frequented.  Some white airmen, with the ringleader being  an  air
policeman, assaulted him in his barracks.  He got the police  to  stop  them
but his commander said he was wrong.

He was in the --- Army National Guard and altered his age to  join  when  he
was 15 years old.  He attended Army basic training at Ft  Leonard  Wood,  MO
and Artillery training at Camp Chaffee,  AK  before  receiving  his  release
papers to join the United States Air Force.

He made a very grave error in judgment due to the covert  and  overt  racism
prevailing in 1958.  He was 18 years old, an  American  of  African  descent
born in the Mississippi Delta and thought he was standing up  for  Americans
of African descent.

In support of his request, he submits a copy of his Basic Air Police  Course
Certificate, an assignment order and a copy  of  his  special  court-martial
and discharge orders.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 16 April 1957, the applicant enlisted in the Regular  Air  Force  in  the
grade of airman basic (E-1).

On 11 June 1958, he was charged with dereliction in the performance  of  his
duties.  For this incident, he was tried and convicted by a  summary  court-
martial.  He was sentenced to be confined at  hard  labor  for  thirty  (30)
days and to forfeit thirty dollars ($30) of his pay.

On 23 September 1958, the applicant was tried  by  a  special  court-martial
for violation of Article 134,  Assault,  on  or  about  5 August  1958,  and
Article 86, Failure to go at the time prescribed, to his appointed place  of
duty, on or about 19 August 1958.  He pled not guilty, was found guilty  and
was sentenced to be discharged with a bad conduct discharge, to be  confined
for six months, and to forfeit fifty-five ($55) dollars for six months.

The applicant was discharged with a bad conduct discharge on  6 March  1959.
He had served 1 year, 4 months and 2 days on active duty.  He had  203  days
lost time due to confinement.

Pursuant  to  the  Board’s  request,  the  FBI  provided  a   copy   of   an
Investigative Report, No. ---, which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states  that  the  applicant  provided  no  facts  warranting  an
upgrade of his discharge.  Based  upon  the  documentation  on  file,  DPPRS
believes the  discharge  was  consistent  with  procedural  and  substantive
requirements of the discharge regulation.  If a check of the Federal  Bureau
of Investigation files proves negative, DPPRS recommends  the  discharge  be
upgraded to under honorable conditions (general).

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 September 2002, applicant provided a personal statement and  documents
pertaining  to  his  pre  and  post-service  activities.   The   applicant's
response is at Exhibit F.

On 9 July 2002, a letter was forwarded to the applicant suggesting  that  he
consider providing evidence pertaining to his post-service  activities.   As
of this date, this office has received no response (Exhibit G).

On 18 July 2002, a copy of the FBI report was  forwarded  to  the  applicant
for review and comment.  On 13 July 2002, applicant  responded  to  the  FBI
report by addressing the four civilian arrests and attesting that these  are
the only  arrests  he  has  ever  received  in  civilian  life.   After  his
discharge from the Air Force he worked a variety of jobs until 1978 when  he
was employed at a firm where he worked for 18 years as an assembler  and  as
a spray painter.  When his wife died in 17 January 1996 of a  heart  attack,
he left and got his pension.  In 1998, he went to work  at  another  company
until he was laid off due to the ripple effect of 11 September 2001.  He  is
not currently working but is attending school to  be  a  computer  operator.
The applicant’s response is at Exhibit H.

_________________________________________________________________

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 injustice.  After a thorough review of the evidence  of  record
we see no evidence to show that the applicant’s discharge was  erroneous  or
unjust.  However, we believe correction action is appropriate on  the  basis
of  clemency.   We  recognize  the  adverse  impact  of  the  discharge  the
applicant received; and while it may have been appropriate at the  time,  we
believe it would be an injustice for the applicant  to  continue  to  suffer
its effects.  In consideration of the applicant’s age,  apparent  immaturity
at the time of his enlistment,  the  documents  pertaining  to  his  current
educational endeavors,  and  the  unfortunate  existence  of  discrimination
during the period of his enlistment, we believe that  corrective  action  is
appropriate as a matter of equity and on the basis  of  clemency.   However,
we do not believe  upgrading  the  applicant’s  discharge  to  honorable  is
appropriate based on the short period  of  time  the  applicant  served  and
because of the inordinate amount of time lost to the government.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that, on 6 March 1959, he  was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 30 October 2002 under the provisions of AFI 36-2603:

           Mr. Lawrence R. Leehy, Panel Chair
           Mr. Mike Novel, Member
           Ms. Diane Arnold, Member

The following documentary evidence for AFBCMR  Docket  Number  02-01770  was
considered:

     Exhibit A.  DD Form 149, dated 22 May 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 7 Jun 02.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Jun 02.
     Exhibit E.  FBI Report, dated 21 June 02.
     Exhibit F.  Letter, Applicant, dated 24 Sep 02, w/atchs.
     Exhibit G.  Letter, AFBCMR, dated 9 Jul 02.
     Exhibit H.  Letter, Applicant, dated 13 Jul 02.





                                  LAWRENCE R. LEEHY
                                  Panel Chair


AFBCMR 02-01770




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 toXXXXXXXXXXXX, be corrected to show that on 6 March 1959, he was
discharged with service characterized as general (under honorable
conditions).





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency