RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-03596

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His discharge should be  upgraded  in  consideration  of  his  two  previous
honorable periods of service, and the fact that he has been a fine citizen.

The applicant states that he was young and immature at  the  time,  and  was
suffering both mentally and physically from problems with his supervisor.

In support of the appeal, the applicant submits a copy of the DD  Form  214,
Armed Forces of the United States Report of Transfer  or  Discharge,  issued
in conjunction with his 23 June 1957 honorable discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Army Air Corps from 26 February 1942  through  6
June 1945, as a B-24 aerial gunner and radio operator,  in  Europe  and  the
Philippine Islands.  During this period, he was  progressively  promoted  to
the grade of staff sergeant, completed a total of 30  combat  missions,  and
was awarded five Air Medals.  In addition, his service was characterized  as
honorable.

He enlisted in the Regular Air Force (RegAF) on  16  December  1953,  for  a
period of four years.

He was tried by a summary court-martial on 28 January  1954,  for  violating
Article 134 of the Uniform Code of Military Justice  (UCMJ).   Specifically,
for being incapacitated for the proper  performance  of  his  duties  on  24
January 1954, as a result of previous  indulgence  in  intoxicating  liquor.
He pled not guilty to the charge,  was  found  guilty  of  the  charge,  and
sentenced to confinement at hard labor for 30 days, reduction to  the  grade
of basic airman, and forfeiture of $60.00.  On that same date, the  sentence
was approved and ordered executed.

He was tried by a general court-martial on  5  August  1955,  for  violating
Article 86 of the  UCMJ.   Specifically,  for  being  Absent  without  Leave
(AWOL) from 4 August 1954 to 8 July 1955.  He pled  guilty  to  the  charge,
was found guilty of  the  charge,  and  was  sentenced  to  be  dishonorably
discharged, forfeiture of all pay and allowances, and  confinement  at  hard
labor for six months.  The sentence was adjusted  on  5  August  1955.   The
sentence was approved on 12 August  1955;  however,  the  execution  of  the
dishonorable  discharge  was  suspended   until   he   was   released   from
confinement, and was remitted one year after his release from confinement.

On 23  June  1957,  he  was  honorably  discharged  and  on  24  June  1957,
reenlisted in the RegAF for a period of four years.   He  was  progressively
promoted to the grade of airman second class.

In a letter, dated 20 November 1957,  the  commander  notified  him  of  his
intent to impose nonjudicial punishment under Article 15 of the  Manual  for
Courts-Martial 1951, for being in an off-limits area  on  9  November  1957.
He waived his right to a trial by court-martial and submitted no matters  in
mitigation, extenuation,  or  defense.   The  commander  imposed  punishment
consisting of demotion to the grade of  airman  third  class.   He  did  not
appeal the punishment.

He was tried by a special court-martial on  13  March  1959,  for  violating
Article 86 of the  UCMJ.   Specifically,  for  being  Absent  without  Leave
(AWOL) from 17 June 1958 to 20 February 1959.  He was found  guilty  of  the
charge and was sentenced to a BCD, reduction to the grade of  airman  basic,
confinement at hard labor for six  months,  and  forfeiture  of  $70.00  per
months for six months.  The sentence was  adjusted  on  13  March  1959  and
approved on 26 March 1959.

The convening authority approved his BCD on 1 April 1959.

On 16 April 1959, the Air Force Court of Military  Review  (AFCMR)  affirmed
the finds of guilty and the sentence.  He appealed to the Court of  Military
Appeals (COMA) and his petition was denied on 19 June 1959.

On 13 August 1959, he was discharged under other than honorable  conditions,
under the provisions  of  AFR  39-18,  and  issued  a  DD  Form  259AF  (BCD
Certificate).  He completed 6  years,  3  months,  and  27  days  of  active
service, which excludes 960 days of lost time (Confinement 28 Jan  54  -  27
Feb 54 (32 days), AWOL 4 Aug 54 - 8 Jul 55 (339 days),  Confinement  15  Jul
55 - 22 Dec 55 (167 days), AWOL 17 Jun 58  -  20  Feb  59  (249  days),  and
Confinement 21 Feb 59 - 13 Aug 59 (174 days)).

In an application, dated 13 August  1972,  he  requested  his  discharge  be
upgraded to one under honorable conditions.  In  a  letter,  dated  25  June
1973, he was advised that the  AFBCMR  found  insufficient  evidence  of  an
error or injustice, and denied his request (Exhibit C).

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, indicated that on the basis  of  the  data  furnished,  they
were unable to locate an arrest record (Exhibit F).

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM states, in part, that the AFBCMR’s ability to  correct  a  court-
martial record is limited to the  actions  taken  by  reviewing  authorities
under the Uniform Code of Military Justice  (UCMJ)  and  to  action  on  the
sentence of courts-martial for the purpose of clemency.  Since there  is  no
indication of an error concerning the  court-martial  record,  any  decision
regarding the applicant’s discharge would be done as a matter of clemency.

The AFLSA/JAJM evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the AFLSA/JAJM evaluation and states, in  part,  that
during World War II, he  became  an  alcoholic  and  a  compulsive  gambler.
After his honorable discharge from the Army Air Corps, he spent a few  years
on skid row selling blood and working day labor.  He then reenlisted in  the
Air Force and was assigned to Chanute Field, Illinois.  While on  a  weekend
pass, he went to Chicago where he entered a  bar  where  gambling  was  wide
open.  He won $1,500.00 the first day and continued  drinking  and  gambling
until he was AWOL.  He turned himself in once he was  broke  and  dried-out.
He was found guilty of desertion by a  general  court-martial;  however,  in
view of his war record,  he  was  given  a  chance  at  rehabilitation.   He
completed a one-year rehabilitation program and was  subsequently  honorably
discharged for reenlistment.  While at Portland AFB, he  had  a  personality
conflict with his officer-in-charge (OIC) and requested a transfer from  his
commander.  However, the commander refused his request.  After coming in  to
work late one morning, his OIC told him he did not care if he ever  came  to
work.  His pride and self respect told him he was in a no-win situation,  so
he packed his clothes and left.  At the time, he  felt  the  Air  Force  was
equally guilty since they did not use him in one  of  several  jobs  he  was
qualified to perform.  He now realizes that  he  should  have  gone  to  the
Judge Advocate General and left a letter of  resignation.   At  his  current
age of 81, all of his friends are gone and  he  is  the  only  one  left  to
attest to his character.

Applicant’s complete responses, with attachments, 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.  Even though the applicant has provided no  evidence  to  show  that  his
discharge was improper, it is our opinion that approval of  some  relief  is
warranted in this case.  It appears that he has led a stable and  productive
life and there is no  evidence  that  he  has  had  any  subsequent  serious
involvement of a derogatory nature since his separation from the Air  Force.
 In light of the above, we believe that it would be an injustice for him  to
continue to suffer the adverse effects of his BCD discharge.  Therefore,  on
the basis of clemency, we believe an upgrade of  his  discharge  to  general
(under honorable conditions) is warranted.  Accordingly, we  recommend  that
his 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 at the time of his  discharge  on  13
August 1959, he was discharged with service characterized as general  (under
honorable conditions).

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-03596
in Executive Session on 28 August 2003, under  the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. James E. Short, Member
                       Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Nov 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAFCB, dated 25 Jun 73, w/atchs.
    Exhibit D.  Letter, AFLSA/JAJM, dated 31 Jan 03.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Feb 03.
    Exhibit F.  Letter, Req for FBI Report, dated 15 Jul 03.
    Exhibit G.  Letter, AFBCMR, dated 16 Jul 03, w/atch.
    Exhibit H.  Letters, Applicant, undated, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair
AFBCMR BC-2002-03596




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 at the time of his
discharge on 13 August 1959, he was discharged with service characterized
as general (under honorable conditions).








JOE G. LINEBERGER

Director

Air Force Review Boards Agency