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AF | BCMR | CY2003 | BC-2003-00596
Original file (BC-2003-00596.doc) Auto-classification: Approved


                       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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