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AF | BCMR | CY2003 | BC-2003-03003
Original file (BC-2003-03003.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03003
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The former member requested that his bad conduct discharge (BCD) be
upgraded.

On 30 Oct 03, the former member’s daughter advised that the  former
member passed away on 9 Oct 03, and requested the processing of his
application be continued.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He only went absent without leave (AWOL) to support his girlfriend,
who later became his wife and the mother of his six children.

Documentation submitted in  support  of  the  appeal  included  the
former member’s DD Form 214, Report of Separation  from  the  Armed
Forces of the United States, dated 7 Feb 53; a copy of his DD  Form
230, Service Record; a  medical  note  from  his  physician,  dated
29 Aug 03, and a copy of  his  medical  power  of  attorney,  dated
19 Jun 03.

The complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 9 August 1951, the former member enlisted  in  the  Regular  Air
Force for a period of four years.  Prior to the events under review
he was promoted to the grade of private first class.  His grade  at
the time of discharge was airman basic (AB/E-1).

On 17 Mar 52, he was convicted by Special Court-Martial  for  being
absent without leave (AWOL) from  1  Feb  52  to  5  Mar  52.   His
punishment consisted of a reduction in grade to private, forfeiture
of $50 per pay for three months, and restriction to the  limits  of
the base for two months.

On 2 Sep 52, the former member  was  convicted  by  Special  Court-
Martial for being AWOL from 3 May 52 to 23 Aug 52.  His  punishment
consisted of a BCD, forfeiture of $55 per month for six months, and
confinement at  hard  labor  for  six  months.   The  sentence  was
adjudged on 10 Sep 52.  On  13  Oct  52,  the  convening  authority
approved the sentence as adjudged.  On 8 Dec 52, the  Secretary  of
the Air Force suspended execution of that portion of  the  sentence
involving the BCD until the member’s release from confinement.

On 7 Feb 53, the former member was discharged with  a  bad  conduct
discharge.  He was credited with a total of 7 months and 14 days of
active duty service (excludes 315 days of lost time due to AWOL and
confinement).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS 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
former member did not submit  any  new  evidence  or  identify  any
errors or injustices that occurred in the discharge processing,  or
provide  any  facts  warranting  an  upgrade  of   his   discharge.
Accordingly, they recommended his records remain the same  and  the
request be denied.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  former  member’s  daughter  responded  to  the  evaluation  by
reiterating the circumstances surrounding  her  father’s  discharge
and that he was a great man.

A complete copy of the response is at Exhibit E.

___________________________________________________________________

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.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  The  majority  of
the Board finds that the discharge appears to be in compliance with
the governing regulations and they find  no  evidence  to  indicate
that  the  former  member’s  separation  from  the  Air  Force  was
inappropriate.  They find no evidence of error  in  this  case  and
after thoroughly reviewing the evidence  of  record,  they  do  not
believe  the  former  member  has  suffered  from   an   injustice.
Additionally, they noted the absence of information  regarding  the
former member’s activities after leaving the  service.   Therefore,
based on the available evidence of  record,  the  majority  of  the
Board  finds  no  basis  upon  which  to  favorably  consider  this
application.

___________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2003-03003 in Executive Session on 3 December  2003,  under  the
provisions of AFI 36-2603:

      Ms. Charlene Bradley, Panel Chair
      Ms. Michelle Grace, Member
      Mr. Christopher Carey, Member

By  a  majority  vote,  the  Board  recommended   denial   of   the
application.  Mr. Carey voted to grant, but he  does  not  wish  to
submit a Minority Report. The following  documentary  evidence  was
considered:

      Exhibit A.  DD Form 149, dated 13 Sep 03, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRSP, dated 7 Oct 03.
      Exhibit D.  Letter, SAF/MRBR, dated 17 Oct 03.
      Exhibit E.  Letter, Applicant’s Daughter, dated 30 Oct 03.





                                   CHARLENE BRADLEY
                                   Panel Chair




MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
                   MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Case on AFBCMR: BC-2003-03003

      After considering the evidence available for my review, I agree with
the minority member of the panel that the applicant’s request to have his
bad conduct discharge upgraded should be granted.

      While the applicant’s bad conduct discharge may have been appropriate
for the circumstances at the time, I note he had to live with its adverse
effect for 50 years.  Since it would serve no useful purpose to the Air
Force or to society in general to continue the nature of his discharge at
this late date and since it is apparent that he had been a responsible
citizen following his separation, it is my decision that the
characterization of his discharge should be upgraded to general (under
honorable conditions) on the basis of clemency.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency





AFBCMR BC-2003-03003




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 7 February
1953, he was discharged with service characterized as general
(under honorable conditions).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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