RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03017
            INDEX CODE:  110.00, A92.22

            COUNSEL:  NONE

            HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

At the time he was discharged he was a 21  year-old  kid  who  made  a
mistake.  Since then, he has matured into a responsible adult.

In support of his appeal, the applicant provided letters of  character
reference from members of his church and his employer.

His complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on  5
Jan 1954.  He was promoted to Airman 3rd Class (A3C/E-2) with  a  date
of rank of 17 Mar 1954.

On 7 July 1954, applicant received an Article 15 for not reporting  to
his place of duty on or  about  2  July  1954.   Consequently  he  was
reduced in grade to Airman Basic (AB/E-1) effective and with a date of
rank of 17 July 1954.  He  received  a  summary  court-martial  on  31
August 1954, for being Absent Without Leave (AWOL), 10-14 August 1954.
 He was sentenced to  confinement  at  hard  labor  for  15  days  and
forfeiture of $25.  He received a second summary court-martial  on  22
December 1954, for being AWOL 12-20 November 1954.  He  was  sentenced
to confinement at hard labor for 30 days and forfeiture of $45.  On  6
May 1957, the applicant was tried and convicted by a civil  court  for
Carnal Knowledge.  He was sentenced to 60 days  in  jail  and  1  year
probation.

On  8  May  1957,  the  applicant  was  notified  that  he  was  being
recommended for discharge due to conviction  by  a  civil  court.   He
received an undesirable discharge, with service characterized as Under
Other Than Honorable Conditions, on 17 May 1957 under  the  provisions
of AFR 39-22 (Conviction by Civil Court).  He had completed a total of
3 years and 11 days (not including 122 days of  lost  time),  and  was
serving in the grade of Airman 2nd Class (E-3) when discharged.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report  pertaining
to the applicant, which is at Exhibit C.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial of  the  applicant’s  request.   DPPRS
states that the discharge was within the  procedural  and  substantive
requirements of the discharge regulation and that the applicant failed
to provide any new evidence nor show that  any  errors  or  injustices
occurred during the processing of his discharge.  DPPRS noted that the
applicant did not file a timely request.  (Exhibit D)

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In addition to the letters of character reference submitted  with  his
application, the appliant provided a letter from a member of his bible
study group.  He also submitted a copy of a New Jersey  Army  National
Guard discharge document that  characterizes  the  his  prior  reserve
component service  (25 May 53 - 4 Jan 54) as honorable.

The applicant  states  that  he  has  attended  Alcoholic’s  Anonymous
meetings and has not drank alcohol for the past 20 years.  He is truly
sorry for his actions while in the Air Force and states that he thinks
about his undesirable discharge every day.

Applicant’s complete response, with attachments, is at Exhibit G.

________________________________________________________________

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 not been presented to demonstrate
the existence of error or injustice regarding the applicant’s  request
to have his discharge upgraded to honorable.   No  evidence  has  been
presented which would lead us to believe his discharge was improper or
contrary to the directive under which it was effected.  Nor  does  the
applicant allege any errors occurred.  Nevertheless, it  appears  that
the applicant has been a responsible citizen and productive member  of
society  since  his  separation,  as  evidenced  by  the  post-service
documentation he has provided.  Therefore, we believe  an  upgrade  of
his discharge to honorable is warranted  on  the  basis  of  clemency.
Accordingly, we recommend that the records be corrected  as  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 17 May 1957, he was
honorably discharged and furnished an Honorable Discharge certificate.

________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 18 March 2003, under the provisions  of  AFI  36-
2603:

      Mr. Philip Sheuerman, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member


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

     Exhibit A.  DD Form 149, dated 16 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report, dated 19 Dec 02.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dtd 4 Nov 02.
     Exhibit E.  Letter, SAF/MRBR, dtd 15 Nov 02.
     Exhibit F.  Letter, AFBCMR, dtd 31 Dec 02, w/atch.
     Exhibit G.  Letter, Applicant, dtd 12 Jan 03, w/atchs.




                                   PHILIP SHEUERMAN
                                   Panel Chair












               DEPARTMENT OF THE AIR FORCE
                                                    WASHINGTON DC



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Office Of The Assistant Secretary



AFBCMR 02-03017




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 APPLICANT, be corrected to show that on 17 May 1957,
he was honorably discharged and furnished an Honorable Discharge
certificate.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency