RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02728
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded.  The one incident that was the basis  for
his discharge was his refusal to apologize for striking a man  in  the  mess
hall.

He states that he married in 1942, has five children,  seven  grandchildren,
and five great grandchildren.  His children have lead productive  lives  and
he was elected deacon of his church where he has been a member since 1955.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by  fire  in  1973
at the National Personnel  Record  Center  (NPRC)  in  St. Louis,  Missouri;
therefore, limited records are available.

The applicant enlisted in the Army Air Corps on 12 January 1943.

An extract from a Hospital Disposition Board which met on  27 December  1943
indicates that the  applicant  possessed  habits  and  traits  of  character
rendering his retention in the service undesirable and recommended his  case
be referred to a Board of Officers.  He was  diagnosed  with  Constitutional
Psychopathic  State-Inadequate  Personality.   Extracts  from  his  clinical
record indicate he had been eliminated from the  Army  Specialized  Training
Program (ASTP) for arguing with his  captain  and  had  been  punished  many
times because of insubordination and due to a quick temper, was involved  in
frequent fights.  The applicant appeared before  the  Board  on  14  January
1944 and after reviewing  the  evidence,  they  recommended  an  undesirable
discharge on the basis that he possessed traits and  habits  which  rendered
his retention in the service undesirable.

The applicant was discharged on 26 January 1944  in  the  grade  of  private
with an undesirable discharge under the provisions of AR 615-360  (Inaptness
or undesirable habits or traits of character).  He  served  1  year  and  14
days total active service.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, indicated that they were unable to identify  with
an arrest record on the basis of information furnished - Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that the  applicant  did  not
submit any new evidence or identify any errors or injustices  that  occurred
in the discharge processing.  He  provided  no  other  facts  warranting  an
upgrade of the discharge.  He has not filed a timely request.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 September 2003, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

On 7 October 2003, the Board staff requested  the  applicant  provide  post-
service documentation within 14 days (Exhibit F).  The applicant provided  a
response, with attachment, which 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting the applicant’s  discharge  be
upgraded.  The Board finds that no evidence has been presented  which  would
lead us to believe the applicant’s discharge was  improper  or  contrary  to
the directive under which it was effected.  Nevertheless,  the  majority  of
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  upgrading  his  discharge  to  general  (under  honorable
conditions) is appropriate.  Accordingly, the majority recommends  that  the
applicant’s undesirable 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  26  January  1944,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 12 November 2003, under the provisions of AFI 36-2603:

                  Mr. David C. Van Gasbeck, Panel Chair
                  Mr. James W. Russell III, Member
                  Ms. Patricia Kelly, Member

By a majority vote, the Board recommended to grant the applicant’s  request.
 Mr. Russell voted to deny applicant’s request and does not wish  to  submit
a Minority Report.  The following documentary evidence pertaining to  AFBCMR
Docket Number BC-2003-02728 was considered:

   Exhibit A.  DD Form 149, dated 28 June 2003, w/atchs.
   Exhibit B.  Available Military Personnel Records.
   Exhibit C.  Negative FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 18 September 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 26 September 2003.
   Exhibit F.  Letter, Applicant, dated 21 October 2003, w/atch.




                                DAVID C. VAN GASBECK
                                Panel Chair


AFBCMR BC-2003-02728





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   , be corrected to show that on 26 January 1944, he was
discharged with service characterized as general (under honorable
conditions).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency