RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-04052
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge to be upgraded on the basis of  clemency.   He  has
suffered enough and has paid for his mistakes.

In support of his appeal, the applicant provided a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 July 1954 in the grade  of
airman basic for a period of four years.

In December 1955 the applicant was tried  and  found  guilty  by  a  Summary
Court-Martial for the following offenses:

Specification 1:  He did, on  or  about  9  December  1955,  without  proper
authority, fail to go at the time  prescribed  to  his  appointed  place  of
duty.

Specification 2:  He did, on or  about  10  December  1955,  without  proper
authority, fail to go at the time  prescribed  to  his  appointed  place  of
duty.

Specification 3:  He did, on or  about  13  December  1955,  without  proper
authority, fail  to  go  at  the  time  prescribed  to  the  office  of  the
Commander.

Specification 4:  He did, on or  about  13  December  1955,  without  proper
authority, fail to go at the time prescribed  to  the  office  of  a  master
sergeant.

Pleas:  Not Guilty to Specifications 1 and 2.  Guilty  to  Specifications  3
and 4.

Findings:   Guilty  of  Specifications  1,  3,  and  4.    Not   Guilty   of
Specification 2.

Sentence:  reduced to the grade of airman basic and forfeiture of $50.00.

In March 1956 the applicant was tried and found guilty by  a  Special  Court
Martial for the following reasons:

Charge I:  He did, on or about 27 January 1956,  without  proper  authority,
absent himself from his organization, and did remain so absent until  on  or
about 24 February 1956.

Charge II:  He did, on or about 2 March 1956, was disrespectful in  language
and deportment toward his superior a noncommissioned officer, who  was  then
in the execution of his office, by saying to him, “What  the  Hell!  Do  you
want me to wash the walls too?  I have another job in  a  few  minutes,”  or
words to that effect and  then  pulling  two  drawers  from  the  table  and
throwing them to the floor.

Pleas:  Not Guilty to the specifications and charges.

Findings:  Of the Specifications and Charges:  Guilty.

Sentence:  To be confined at hard labor for six months and a  forfeiture  of
$55.00 per month for six months.

On 13 March 1956, the sentence was adjudged.

On 29 January 1957, the commander requested a  board  be  convened  for  the
purpose of discharging the applicant, in accordance with AFR 39-17.

The commander cited the following  as  the  reason  for  this  action:   The
applicant first came to the commander’s attention in November when he  asked
for a transfer from his organization.  The applicant stated he  didn’t  like
his work and didn’t feel  qualified.   Investigation  established  that  his
attitude was very poor  and  he  could  not  do  his  job  without  constant
supervision.  The commander counseled the applicant in November and in  fact
punished him under Article 15 Uniform Code of Military  Justice  (UCMJ)  for
improper language before ladies and his first sergeant in the orderly  room.
 At that time the commander tried to encourage the applicant to improve  his
relations with his peers as well as supervisors.  Again in December  he  was
reported to have altercations with a man while on  Kitchen  Police  and  was
reprimanded.  Once again on 9 January 1957 the applicant asked for leave  to
help his sister  in  need  which  the  commander  gave  him;  and  again  he
reiterated his dislike for his job and the men with whom he worked.  He  did
not seem to be able to adjust to the Air Force, his job or the men for  whom
he  worked.   His  negative  attitude  and  uncontrollable  temper  left  no
alternative than to request action under AFR 39-17.

On 21 February 1957, the applicant acknowledged  receipt  of  the  discharge
action and waived his right to appear before the board and elected  to  sign
an application for discharge in lieu of further administrative action  under
the provisions of AFR 39-17.

On  6  March  1957,  the  discharge  authority  approved   the   applicant’s
undesirable discharge.

On 21 March 1957, the applicant was discharged  with  service  characterized
as undesirable in the grade of airman basic under the provisions of AFR  39-
17 (Unfitness).  He served  2  years,  1 month  and  19  days  total  active
service.

On 2 December 1958, the Air Force Discharge Review Board (AFDRB)  considered
and denied the  applicant’s  request  for  an  upgrade  of  his  undesirable
discharge.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, provided an Investigative  Report,  which  is  at
Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial.   They  indicated  that  based   upon   the
documentation in the file, they believe the discharge  was  consistent  with
the procedural and substantive requirements of the discharge  directives  in
effect at the time  of  his  discharge.   Additionally,  the  discharge  was
within the discretion of the discharge authority.

The applicant did not submit any new evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing.  He provided no  facts
warranting an upgrade of his discharge.  He did not file a timely request.

The evaluation is at Exhibit D.

_________________________________________________________________







APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 January 2003, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response within 30 days.

On 20 February 2003, the Board staff requested the applicant  provide  post-
service documentation.  The applicant provided character reference  letters,
which are at Exhibit I.

On 21 April 2003, a copy of the  FBI  Investigation  was  forwarded  to  the
applicant for review and response within fourteen (14)  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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 an error or injustice warranting the applicant’s  discharge  be
upgraded.  The Board finds that no evidence has been presented  which  would
lead us to believe the applicant’s discharge was  improper  or  contrary  to
the directive under which it was effected.  Nevertheless,  the  Board  finds
that, in view of the applicant’s apparent successful transition to  civilian
life, as evidenced by the post-service documentation he  has  provided,  and
considering that the discharge is over 46 years old, the  Board  is  of  the
opinion  that  upgrading  his  discharge   to   general   (under   honorable
conditions), based on clemency, would be appropriate.  The Board notes  that
a further upgrade is not warranted  based  on  the  applicant’s  performance
while  on  active  duty.   Accordingly,  the  Board  recommends   that   the
applicant’s undesirable discharge be upgraded 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 21 March 1957, he was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2002-
04052 in Executive Session on 12 June 2003, under the provisions of AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Vice Chair
                 Mr. Joseph A. Roj, Member
                 Ms. Cheryl Jacobson, Member

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

   Exhibit A.  DD Form 149, dated 16 December 2002, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 16 January 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 24 January 2003.
   Exhibit F.  Letter, AFBCMR, dated 20 February 2003.
   Exhibit G.  Letter, Applicant, undated.
   Exhibit H.  Letter, AFBCMR, 21 March 2003.
   Exhibit I.  Letter, Applicant, undated, w/atchs.
   Exhibit J.  Letter, AFBCMR, dated 21 April 2003.




                       THOMAS S. MARKIEWICZ
                       Vice Chair





AFBCMR BC-2002-04052




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 21 March 1957, he was
discharged with service characterized as general (under honorable
conditions).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency