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AF | BCMR | CY2003 | BC-2003-00048
Original file (BC-2003-00048.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00048
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was very young and foolish and got involved with the  wrong  people.   He
takes responsibility for his actions.  He has worked 30 years with the  same
company and has never been in trouble  since  his  discharge.   Two  of  his
children are in the military and his family has a military  background.   He
is proud of his country and its  leaders  and  is  simply  asking  that  his
discharge be upgraded to honorable.

In support of his request, applicant provided a  personal  statement  and  a
copy of his DD Form 257AF,  General  Discharge  certificate.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 4 Jun 58.   He  was  notified
by his commander  on  29  Feb  60  that  he  was  recommending  that  he  be
discharged from the  Air  Force  under  the  provisions  of  AFR  39-17  for
unfitness.  The specific reasons for his commander actions were  on  18  Jul
59, he was apprehended by civil authorities for being drunk; on 20  Oct  59,
he was apprehended by base police for drinking in the barracks for which  he
was tried by a summary court-martial and sentenced to forfeiture of $57;  on
18 Feb 60, he failed to go to his prescribed place of duty for which he  was
tried by summary court-martial and sentenced to  restriction  for  60  days,
forfeiture of $55 and reduced in  grade  to  airman  basic.   Applicant  was
advised of his rights in this matter.  After consulting counsel, he  elected
to waive his right to a hearing before a board of officers and  submitted  a
statement on  his  own  behalf  requesting  a  general  discharge.   He  was
discharged on 22 Mar 60.  He served 1 year, 9 months, and 19 days on  active
duty.

Pursuant to the Board's request, the Federal Bureau of Investigations  (FBI)
indicated that they were unable to locate an  arrest  record  pertaining  to
the applicant (see Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states  that  the   discharge   was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge  regulation  and  was  within  the  discretion  of  the  discharge
authority.  He did not submit any new evidence of  identify  any  errors  in
his discharge processing warranting an upgrade to his discharge.  The  DPPRS
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 28  Jan
03 for review and comment within 30 days.  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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.   Even  though  the  applicant  has  provided  no
evidence to show that his discharge was improper or not in  compliance  with
appropriate directives, it is our opinion  that  approval  is  warranted  in
this case.  It appears likely that he has led a stable and  productive  life
since his separation and has not been involved  in  any  criminal  activity.
In light of the above, we believe that it would be an injustice for  him  to
continue to suffer the adverse effects of a  general  discharge.   Therefore
on the basis of  clemency,  we  believe  an  upgrade  of  his  discharge  to
honorable is warranted.  Accordingly,  we  recommend  that  his  records  be
corrected to the extent 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 22 March 1960,  he  was  honorably
discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-00048
in Executive Session on 6 May 03, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Mr. Vaughn Schlunz, Member
      Ms. Mary J. Johnson, Member

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

    Exhibit A.  DD Form 149, dated 3 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 28 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 28 Jan 03.
    Exhibit E.  FBI Investigative Report, dated 28 Mar 03.




                             ROSCOE HINTON, JR.
                                             Panel Chair

AFBCMR BC-2003-00048




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 22 March 1960, he was
honorably discharged and furnished an Honorable Discharge certificate.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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