RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00596
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He has had to live with the shame of an undesirable discharge for
49 years. He has worked hard and has gained the respect of his
friends and neighbors.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 10 July 1951, applicant enlisted in the Regular Air Force.
Prior to the events under review he was promoted to the grade of
airman third class (A3C/E-2). Applicant’s grade at time of
discharge was airman basic (AB/E-1).
Applicant received character and efficiency ratings of excellent
from 11 Jul 51 – 21 Sep 52; from 22 Sep 52 – 13 Oct 52, ratings
were unknown; and from 13 Oct 52 – 6 Sep 53, his character rating
was fair and his efficiency rating was satisfactory.
On 6 Aug 53, applicant was convicted by Summary Court-Martial for
disobeying a lawful order issued by his squadron commander to
refrain from drinking intoxicating beverages during the six-hour
period prior to going on alert duty on or about 31 Jul 53 and for
failure to repair on or about 1 Aug 53. His sentence consisted of
reduction to the grade of airman basic (AB/E-1), 30 days of
confinement at hard labor and forfeiture of $30.
On or about 18 Jan 54, applicant was charged with armed robbery of
a service station. On 5 Feb 54, he was convicted in civil court
and sentenced to 8 years confinement in the Texas State
Penitentiary in Huntsville, TX.
On 6 Feb 54, the adjutant requested permission to discharge the
applicant based on the civil court conviction and confinement. On
12 Feb 54, the discharge authority approved the request and ordered
an undesirable discharge.
On 18 Feb 54, he was discharged under the provisions of AFR 39-22
by reason of conviction in a civil court, with an undesirable
discharge. He was credited with 2 years, 6 months, and 5 days
active service (excludes 34 days of lost time due to AWOL and
confinement).
In Jan 56, the Governor granted him a conditional pardon.
On 8 Sep 59, the Air Force Discharge Review Board (AFDRB)
considered and denied applicant’s request to have his discharge
upgraded.
Pursuant to the Board’s request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended his request be denied. They found that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. Additionally, that the
discharge was within the sound discretion of the discharge
authority. They also noted that the applicant did not submit any
new evidence or identify any errors or injustices that occurred in
the discharge processing and that he provided no other facts
warranting an upgrade of the discharge.
A complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant provided a personal statement in response to the FBI
Report; he states that he has led a clean life since 1966. He gave
a brief summary of his military service, the circumstances which
subsequently led to his discharge and his accomplishments since
leaving the service.
In support of his appeal, he provided letters of character
reference (from friends, associates, co-workers, and the county
sheriff), and flyers announcing charity events he planned and
organized.
Applicant’s complete response 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. After careful consideration of the evidence of record, we found
no evidence that the actions taken to effect the applicant’s
discharge were improper or contrary to the provisions of the
governing regulations in effect at the time, or that the actions
taken against the applicant were based on factors other than his
own misconduct. Nevertheless, while we do not condone the behavior
which led to the applicant’s discharge, he has had to live with its
adverse effects for almost 49 years. Based on the letters of
character reference provided in the applicant’s behalf, it appears
that he has been a responsible citizen and productive member of
society. Therefore, we find that an upgrade of the
characterization of his discharge to general, under honorable
conditions, is warranted on the basis of clemency. An honorable
discharge was considered; however, in view of his overall record of
service, we do not believe that an upgrade of his discharge to
fully honorable is warranted.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on
18 February 1954, he was discharged with service characterized as
general (under honorable conditions).
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2003-00596 in Executive Session on 10 September 2003, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Cheryl Jacobson, Member
Ms. Martha Maust, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Mar 03, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, HQ AFPC/DPPRS, dated 18 Mar 03.
Exhibit E. Letter, SAF/MRBR, dated 21 Mar 03.
Exhibit F. Letter, AFBCMR, dated 24 Jul 03, w/atchs.
Exhibit G. Letter, Applicant, undated.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2003-00596
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
18 February 1954, he was discharged with service characterized as
general (under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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