RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01484
                       INDEX CODE:  110.00
                       COUNSEL:  Disabled American
                                     Veterans

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  (UOTHC)  discharge  be
upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and immature and was not  given  a  chance  to  make  any
corrections, nor was he given any counseling.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by the 1973 fire
at the National Personnel Records Center and only limited  information
is available for review.

Available records, submitted by the applicant, indicate he enlisted in
the Regular Air Force on 28 June 1956 for a period of four years.   He
was discharged from the Air Force on 16 October 1958, in the grade  of
airman basic in accordance with AFR 39-17 (Unfitness), with  an  under
other than honorable conditions  (UOTHC)  discharge.   He  served  two
years, two months and two days of active duty 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:

HQ AFPC/DPPRS states they are unable to determine the propriety of the
applicant’s discharge based  on  the  lack  of  documentation  in  his
records.  The applicant has not submitted any evidence, nor identified
any errors in the processing of his  discharge,  nor  did  he  provide
facts that support changing his separation.  They defer to  the  Board
to determine if the applicant’s request for relief should be granted.

A complete copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 June 2003,  the  Board  staff  requested  the  applicant  provide
information regarding his post service activities (Exhibit F).

The applicant states he was very young and foolish at that  time.   He
had recently gotten married and after about a month his wife left  and
would not give him a reason for  her  leaving.   He  started  drinking
heavy and his downward trend started.  One day he was drunk and needed
more drinking money and he passed a three-dollar check.  Later he  was
arrested for the passed check and put in jail.  The  county  sheriff’s
office contacted the Air Force authorities and his attorney negotiated
a deal with the court and they dismissed the charges so the Air  Force
could handle the problem.  He was taken back to the base and  was  put
in the brig.  He was court-martialed and got  30  days  in  the  brig.
After getting out of the brig he was assigned to various offices while
his discharge was being processed.

Since leaving the Air Force, he has finished  high  school,  remarried
and raised  four  children.   He  has  six  grandchildren,  one  great
grandchild.  Over the years, he has tried to be a law-abiding  person.
He has not been in any trouble of any kind since the one incident.  He
has worked very hard over these years to try to be good and productive
person.

In support of his  request,  the  applicant  has  submitted  character
letters from friends (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 of 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.  It appears the  applicant’s  personnel  files
were apparently destroyed by fire in 1973; therefore,  based  on  the
presumption of regularity in the conduct of  government  affairs  and
without  evidence  to  the  contrary,  we  must   assume   that   the
servicemember’s  separation  was  proper  and  in   compliance   with
appropriate directives.  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 45 years old, the Board is  of
the opinion that upgrading his discharge, based on clemency, would be
appropriate.  Certainly we do not condone the behavior  that  led  to
his under other than honorable condition discharge; however, we  note
that he took full responsibility for his actions.   Therefore,  since
it serves no useful purpose to the Air Force or to society in general
to continue the nature  of  his  discharge  at  this  late  date,  we
recommend that his discharge be upgraded to an  honorable  discharge.
Accordingly, the Board recommends that  the  applicant’s  records  be
corrected as 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 16 October 1958, he
was  honorably  discharged  and  furnished  an   Honorable   Discharge
certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2003-01484 in  Executive  Session  on  23  September  2003  under  the
provisions of AFI 36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Mr. James W. Russell, III, Member
                 Mr. Jay H. Jordan, Member

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

   Exhibit A.  DD Form 149, dated 3 May 03, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 15 May 03.
   Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.
   Exhibit F.  Letter, AFBCMR, dated 9 Jun 03.
   Exhibit G.  Applicant’s Response, dated 22 Jun 03, w/atchs.
   Exhibit H.  Letter, AFBCMR, dated 2 Jul 03.
   Exhibit I.  Letter, AFBCMR, dated 22 Aug 03.



                                        JOHN L. ROBUCK
                                        Panel Chair






AFBCMR BC-2003-01484
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 APPLICANT, SSN, be corrected to show that on 16
October 1958, he was honorably discharged and furnished an Honorable
Discharge certificate.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency