RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2002-03701
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1959 under-other-than-honorable-conditions  (UOTHC)  discharge  be
upgraded to honorable or general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The characterization of his discharge was unfair and  unjust.  He  was
arrested but not prosecuted for his association with  the  people  who
committed the crime.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military records are virtually  nonexistent.   His  DD
Form 214 reflects he entered active  duty  on  11  Jul  56.  Following
conviction by civil court for breaking and entering, he was discharged
on 10 Feb 59 as an airman first class with  a  UOTHC  characterization
and 2 years, 6 months, and 24 days of active service for this  period.
His separation document also indicates four years  of  other  service,
bringing his total active service to 6 years, 6 months, and 24 days.

In an undated but apparently old letter in his records, the  applicant
asserted he received a  retrial  and  his  separation  documents  were
changed to reflect an honorable discharge. The records also contain  a
letter from the Secretary of the  Air  Force  Discharge  Review  Board
(DRB) scheduling a review of his discharge on 17 Nov 59. The applicant
had the option of appearing in person, being represented  by  counsel,
or submitting statements  in  his  behalf,  otherwise  the  DRB  would
proceed to review the case with records available.   Whether  the  DRB
reviewed his records is unknown since there is no other  documentation
pertaining to the  DRB  in  the  file.  According  to  their  advisory
(Exhibit D), HQ AFPC/DPPRS contacted the DRB in an attempt  to  obtain
needed information, but no documentation was found.

Pursuant to the Board's request, the Federal Bureau  of  Investigation
(FBI), Washington, D.C., provided  a  two-page  investigative  report,
which is attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS notes the applicant did not submit any new  evidence  or
identify any errors or  injustices  that  occurred  in  the  discharge
processing. He has provided no facts warranting an upgraded discharge,
but since the incident occurred more than 43 years ago, they would not
be opposed to upgrading the discharge  to  general  if  an  FBI  check
proves negative.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant provided a statement from his pastor, a 1985 letter from
a landscape company advising he  had  been  an  employee  since  1977,
letters from other landscape companies in the  1973-1979  period,  and
additional documents.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit F.

A complete copy of the FBI Report was forwarded to the applicant on 14
Mar  03  for  review  and  comment  within  30  days.  The   applicant
acknowledged receipt and returned those pages  pertaining  to  another
individual which had been inadvertently included in the  FBI’s  report
on him. Pursuant to the AFBCMR Staff’s inquiry, the FBI confirmed that
the report they had on the applicant consisted of  their  cover  sheet
and two pages. As a result, the AFBCMR Staff destroyed  the  unrelated
pages and provided only those pages pertaining to  the  applicant  for
the Board’s review.

The applicant’s responses, with attachments, are 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.    Insufficient relevant evidence has been presented to demonstrate
that the applicant’s UOTHC discharge  was  unjust  or  in  error.  His
conviction by civil court for  breaking  and  entering  sustained  his
discharge characterization, and he has provided insufficient  evidence
supporting his allegation that his  separation  documents  were  later
changed to reflect an honorable discharge. While the applicant has not
shown his 1959 discharge process was erroneous or unjustified, he does
appear to have  become  a  reputable  citizen  since  his  separation.
According to the FBI report, he has remained law abiding following his
conviction for breaking and entering 44 years ago.  On  the  basis  of
clemency, and considering the  circumstances  of  his  separation  and
subsequent rehabilitation, we  find  the  Air  Force’s  suggestion  to
upgrade the  applicant’s  discharge  to  general  is  appropriate  and
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 the APPLICANT, be corrected to show that,  on  10 February
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 1 May 2003 under the provisions of AFI 36-2603:

                 Mr. Philip Sheuerman, Panel Chair
                 Mr. Christopher Carey, Member
                 Ms. Martha J. Evans, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2002-03701 was considered:

   Exhibit A.  DD Form 149, dated 15 Nov 02, w/atch.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 30 Dec 02.
   Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.
   Exhibit F.  Letters, Applicant, undated, postmarked Jan 03,
                   w/atchs.
   Exhibit G.  Letter, AFBCMR, dated 14 Mar 03.
   Exhibit H.  Letter, Applicant, postmarked 2 Apr 03 &
                 DD Form 293, dated 16 Apr 03, w/atchs.




                                   PHILIP SHEUERMAN
                                   Panel Chair



AFBCMR BC-2002-03701




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, on 10 February
1959, he was discharged with service characterized as general (under
honorable conditions).





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency