RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-02318

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge, or  in  the
alternative, a general (under honorable conditions) discharge.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The disciplinary action taken against him (i.e., 30 days  in  the  stockade,
reduction in grade & a UOTHC) was too severe.

The applicant states that when he went Absent Without Leave (AWOL),  he  was
21 years old and was not  thinking  of  the  consequences  of  his  actions.
Prior to that point, he planned on a career in the Air Force.  He was  under
a lot of stress at the time and  was  suffering  from  depression  over  his
family.  In this respect, he notes that  his  father  was  beaten  requiring
brain surgery.  It took over a year for his father to regain his memory  and
to be able to care for himself.  His mother was having  financial  problems.
He attempted to get a 10-day leave, which was denied.  He then  requested  a
3-day pass, which was also denied.  He then requested  time-off,  which  was
denied.  He felt his  only  alternative  was  to  take  time-off  and  later
voluntarily return to military control.  This was the only  trouble  he  got
in and had previously been awarded the Good Conduct Medal.

In support of his appeal, the applicant submits his personal  statement  and
two statements from past employers.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 9 February 1955, for a period  of
four years.

On 8 August 1957, the applicant was honorably discharged and  reenlisted  in
the Air Force on 9 August 1957, for a period of six years.

From 17 September 1958 to 20 September 1958 (4 days), the applicant  was  in
an AWOL status.

On 23 September 1958, the applicant was found guilty  by  a  Summary  Court-
Martial of violating Article 86 (AWOL)  of  the  Uniform  Code  of  Military
Justice (UCMJ) during the period 17 September 1958  to  20  September  1958.
He was sentenced to reduction in grade to basic  airman  and  forfeiture  of
$50.00 dollars.

From 16 April 1959 to 27 April 1959 (12 days), the applicant was in an  AWOL
status.

On 29 April 1959, the applicant was found guilty by a Summary  Court-Martial
of violating Article 86 (AWOL) of  the  Uniform  Code  of  Military  Justice
(UCMJ) during the period 16 April 1959 to 27 April 1959.  He  was  sentenced
to 30 days confinement at hard labor and forfeiture of $50.00 dollars.

From 29 April 1959 to 24 May 1959 (25 days), the  applicant  was  placed  in
confinement at hard labor.

On 5 June 1959, the applicant was discharged under the provisions of AFR 39-
17 (Unfitness), with service characterized  as  UOTHC,  and  was  issued  an
undesirable discharge certificate.  He completed  a  total  of  4  years,  2
months, and 21 days of active service, with 41 days of  lost  time  (4  days
AWOL from 17 September 1958 to 20 September  1958,  12  days  AWOL  from  16
April 1959 to 27 April 1959, and 25 days confinement from 29 April  1959  to
24 May 1959).

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, was requested to provide an investigative  report;  however,
they indicated that on the basis of the data furnished they were  unable  to
locate an arrest record.

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AIR FORCE EVALUATION:

AFPC/DPPRS states, in part,  that  due  to  the  lack  of  documentation  to
support the discharge, the applicant’s young age at the time, and since  the
incident  occurred  over  40  years  ago,  they  recommend  the  applicant’s
discharge be upgraded to general (under honorable conditions)  if  a  search
of the FBI files does not reveal any subsequent convictions.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 20 September 2002 for review and response within 30  days.   However,  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.   We  find  no  impropriety  in  the  characterization   of   applicant’s
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that applicant was  not
afforded all the  rights  to  which  entitled  at  the  time  of  discharge.
Considered alone, we conclude the  discharge  proceedings  were  proper  and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

4.  Consideration of this Board, however,  is  not  limited  to  the  events
which precipitated the discharge.  We have  a  Congressional  mandate  which
permits consideration of other factors; e.g.,  applicant’s  background,  the
overall   quality   of   service,   and    post-service    activities    and
accomplishments.  Further, we may base our decision  on  matters  of  equity
and clemency rather than simply  on  whether  rules  and  regulations  which
existed at the time were followed.  This is  a  much  broader  consideration
than officials involved in the discharge were permitted,  and  our  decision
in no way discredits the validity of their determination.

5.  Under our broader mandate and after careful  consideration  of  all  the
facts  and  circumstances  of  applicant’s  case,  we  are  persuaded   that
applicant has overcome the behavioral traits  which  led  to  the  contested
discharge and has been a productive member of  society.   We  recognize  the
adverse impact of the discharge applicant received; and, while it  may  have
been appropriate at the time, we  believe  it  would  be  an  injustice  for
applicant to continue to suffer its  effects.   Accordingly,  we  find  that
corrective action is appropriate as a matter of equity and on the  basis  of
clemency to warrant upgrading his  discharge  to  general  (under  honorable
conditions).

_________________________________________________________________



THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 5 June  1959,  he  was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-02318
in Executive Session on 13 February 2003, under the provisions  of  AFI  36-
2603:

                       Mr. Philip Sheuerman, Panel Chair
                       Ms. Cheryl Jacobson, Member
                       Mr. David W. Mulgrew, Member

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

    Exhibit A.  DD Form 149, dated 16 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 16 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Sep 02.
      Exhibit E.  Letter, FBI Response, dated 26 Sep 02.




                                   PHILIP SHEUERMAN
                                   Panel Chair