RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00874
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told his discharge would automatically be  upgraded  after  six
months.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14 June  1967  in  the
grade of airman basic for a period of 4 years.

On 3 January 1968, the applicant received a Letter of Reprimand (LOR)
for driving a motor vehicle without possession of  a  valid  driver’s
license and operating the vehicle in a manner that was not reasonable
or proper for a family housing area.

On 14 February 1969,  applicant  was  notified  of  his  commander’s
intent  to  recommend  he  be  discharged  from  the  Air  Force  in
accordance with AFM 39-12, (misconduct - civil conviction.)

The commander stated the following reason for the proposed discharge:

      On 29 December 1968, the applicant was  apprehended  by  civil
authorities for Grand Larceny.  He was tried and found guilty by the
District Court of  Oklahoma.   He  received  a  one  year  suspended
sentence with probation.

The commander advised  applicant  of  his  right  to  consult  legal
counsel; present his case to an administrative discharge board; be
represented by legal counsel at a board hearing;  submit  statements
in his own behalf in addition to, or in lieu of, the board  hearing;
or waive the above rights after consulting with counsel.

On 17 February 1969, after consulting with  counsel,  the  applicant
invoked his right to submit statements in his own behalf.

A Board of Officers convened on 3-4 April 1969  at  Clinton  Sherman
AFB, OK to review the applicant’s case.  The Board  recommended  the
applicant be discharged with a general discharge.

A legal review was conducted on 15 May 1969 which found the findings
were substantiated by the evidence of record.   It  was  recommended
the applicant be discharged with a general discharge.

A resume of applicant's performance reports follows:

            PERIOD ENDING         OVERALL EVALUATION

                  7 Feb 69              5
                  6 Mar 68            Old System
                                  Highly recommended for an
                                  Air Force Career

The discharge authority approved the discharge on 23 May 1969.

Applicant was discharged on 26 May 1969,  in  the  grade  of  airman
first class with a general (under honorable  conditions)  discharge,
in accordance with AFR 39-12 (misconduct -  civil  conviction.)   He
served a total of 2 years, 1 month and 28 days of active service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not  submitted  any  evidence  nor
identified any errors or injustices that occurred in the processing of
his discharge.  Nor has he provided any facts warranting an upgrade of
his discharge.  There are no regulations or directives that  allow  an
automatic upgrade of a discharge within a six months or  ever.   Based
on  the  information  and  evidence  provided   they   recommend   the
applicant's request be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and FBI report  were  forwarded  to
the applicant on 2 May 2003 and 2 July 2003, for review and
response.  On 6 June 2003, the Board staff advised  the  applicant  of
his right to  submit  character  references.   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 of timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice.   After  thoroughly  reviewing
the  evidence  of  record,  we  are  persuaded  that  the  applicant’s
discharge should be upgraded on the basis  of  clemency.   It  appears
that prior to any legal action being taken  by  civilian  authorities,
the applicant was advised by his section commander that if he received
a suspended sentence for the civilian offense  of  grand  larceny  for
allegedly stripping an automobile, the Air Force would not impose  any
further punishment.  The applicant’s  civilian  attorney  advised  him
that he had plea bargained with the  District  Attorney  that  if  the
applicant pled guilty, he would receive a suspended  sentence.   Based
on that advice, the applicant pled guilty  and  received  a  suspended
sentence.  However,  subsequently,  the  applicant  was  advised  that
discharge action  would  be  initiated  against  him  because  of  the
civilian offense.  While it is not unusual for discharge action to  be
taken on the basis of a  civilian  conviction,  we  believe  that  the
applicant was miscounseled regarding what action the Air  Force  would
take as a result of this action.  We cannot  speculate  at  this  late
date what might have happened had he not accepted  the  plea  bargain.
And, although we do not condone the applicant’s behavior which led  up
to the alleged  offense,  the  applicant  may  have  been  duped  into
thinking no further action would be taken against  him.   Further,  it
appears that the applicant had a  satisfactory  record  prior  to  the
incident in question.  We note the only offense on the applicant’s FBI
report was in 1967, however, there is no indication of the disposition
of that offense, but it does not appear to be  related  to  the  grand
larceny offense.  It appears that he has had a clean record since that
time.  The applicant has had to live with the effects of his discharge
for more than 30 years and we believe that it would  be  an  injustice
for him to continue to suffer from it effects.  We therefore  conclude
that his discharge should be upgraded to honorable.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 26 May 1969, he was
honorably discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-00874 in  Executive  Session  on  3  September  2003,  under  the
provisions of AFI 36-2603:

                       Mr. Gregory H. Petkoff, Panel Chair
                       Mr. J. Dean Yount, Member
                       Ms. Beth M. McCormick, Member

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

   Exhibit A.  DD Form 149, 8 Apr 03, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 23 Apr 03.
   Exhibit E.  Letter, SAF/MRBR, dated 2 May 03.
   Exhibit F.  Letter, AFBCMR, dated 6 Jun 03.
   Exhibit G.  Letter, AFBCMR, dated 2 Jul 03.




                                   GREGORY H. PETKOFF
                                   Panel Chair







AFBCMR BC-2003-00874
INDEX CODE:  110.00


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction for 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 26 May
1969, he was honorably discharged and furnished an Honorable
Discharge certificate.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency