RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02524
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  (UOTHC)  discharge  be
upgraded to general, (Under Honorable Conditions).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has lived for 46 years since his discharge without a blemish to his
record.  He was young  when  he  entered  the  service  (age  16  with
parental  consent),  and  his  decision-making  experience  was   very
limited.  He received an undesirable discharge in 1961 after  spending
two and one half years in a Japanese prison for robbery.  He feels  at
this time in his life he would like to have the undesirable  discharge
expunged from his record.  He has been married for 42  years  and  has
raised two lovely daughters with moral values  and  discipline  and  a
good Christian education.  Both have college degrees, are married, and
live in Pennsylvania.   Since  his  discharge  he  has  lived  without
receiving so much as a speeding ticket.

In support of his appeal, the  applicant  has  provided  copies  of  a
personal statement to Senator Santorum, a DD Form 293, Application for
the Review of Discharge or Dismissal from  the  Armed  Forces  of  the
United States, and his DD Form 214, Report of Separation  from  Active
Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s records were destroyed in the fire that occurred  in  July
1973 at the National Personnel Records Center (NPRC) in St Louis,  MO.
Based on available records, applicant  enlisted  in  the  Regular  Air
Force on 3 January 1957.  He was discharged  in  accordance  with  Air
Force  Regulation  (AFR)  39-22,  Civil  Conviction,  with  an   UOTHC
discharge on 24 February 1961.  He served a total of one  year,  eight
months, and nine days of active duty.  He had 894 lost days.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 11 November 2003, that, on the  basis  of
data furnished, they are unable to locate an arrest record.   (Exhibit
C)

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS defers to the AFBCMR to determine if the  applicant  should
be granted relief based on the limited supporting documentation in his
record.  DPPRS  was  not  able  to  ascertain  the  propriety  of  his
discharge because of the lack  of  documentation  in  the  applicant’s
record and the applicant’s failure to provide any evidence or identify
any errors in the discharge processing.  Alternatively, they note that
he did not provide any  facts  that  support  changing  his  discharge
either.

DPPRS’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 August 2003 for review and comment within  30  days.   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 to timely file.

3. Sufficient relevant evidence has been presented to demonstrate  the
existence of an injustice.  There has been no evidence presented which
would lead the Board to believe his discharge was improper or contrary
to the regulation under which it was  affected.   However,  the  Board
notes  that  the  applicant's  complete  military  records   are   not
available: therefore, the circumstances surroundong his  discharge  is
not  known.   Nevertheless,  in  view  of  the  applicant's   apparent
successful transition to civilian life, as evidenced by  a  clean  FBI
report, the majority of the board is of the opinion that upgrading the
applicant's  discharge  to  general,  based  on  clemency,  would   be
appropriate. Accordingly, the majority of the  Board  recommends  that
the applicant's discharge be  upgraded  to  general,  under  honorable
conditions.

______________________________________________________________




THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 24  February  1961,
he  was  discharged  with  service  characterized  as  general  (under
honorable conditions).
______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 22 October 2003, under the provisions of AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Carolyn B. Willis, Member
      Mr. James W. Russell, III, Member

By a majority vote, the Board voted to grant the request.  Mr. Russell
voted to deny the request and did not desire to submit a minority
report.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, undated, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report, dated 14 Nov 03.
     Exhibit D.  Letter, AFPC/DPPRS, dated 14 Aug 03.
     Exhibit E.  Letter, SAF/MIBR, dated 22 Aug 03.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary





BC-2003-02524




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 24 February 1961, he
was discharged with service characterized as general (under honorable
conditions).











     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency