RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-02156
                                             INDEX CODE:  110.02
                                             COUNSEL:  NONE
                                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was a young 19 year old, green behind the  ears,  rural  kid  from  North
Dakota.  He and another service member were given a ride by a civilian  they
did not know.  The car broke down and as they walked back to town the  local
police picked them up.  Apparently, the car  had  been  stolen.   They  were
placed in the local jail and had no legal representation or any advice  from
the Air Force.  He was advised that if he would  admit  guilt  he  would  be
returned to the Air Force.  After he admitted guilt, he spent a couple  more
days in the local jail.  The sentence was suspended on good behavior and  he
was returned to the Air Force.  When he returned to base he was told he  was
being discharged with an undesirable  discharge.   He  believes  he  did  an
excellent job of trying to be a good Air Force serviceman and his  naiveness
was his downfall.  Since being released from the Air Force  he  has  led  an
exemplary life with no other “bumps in the road.”  His family is  not  aware
of his arrest while in the military.  His family has asked if  he  is  going
to be buried at a Veterans Administration (VA) National Cemetery and  if  he
can get his discharge upgraded to a general discharge so he  could  then  be
buried at a VA cemetery.

In support of his request, he submits a  personal  statement,  a  supporting
statement, a copy of  his  DD  Form  214,  a  copy  of  his  certificate  of
eligibility for a VA loan and page 5 of his DD  Form  230,  Service  Record.
The applicant’s submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 18 March 1952, the applicant enlisted in the Regular  Air  Force  in  the
grade of airman basic (E-1) for a period of 4 years.

On 7 May 1952, he was charged with wrongful appropriation of twenty  dollars
($20.00), the property of another basic airman.  For this incident,  he  was
sentenced to confinement at hard labor for 15 days and forfeiture of twenty-
five dollars ($25) of his pay.

From 29 August 1952 to 24 September 1952, he was confined in civilian  jail.
 He was charged with grand larceny.  On  25 September  1952,  his  case  was
reopened and the sentence was suspended on the conditions of good behavior.

On 26 January  1953,  discharge  proceedings  were  initiated  against  the
applicant under the provisions of AFR 39-22 (Conviction  By  Civil  Court).
On 9 February 1953, the applicant was discharged under  the  provisions  of
AFR 39-22 (Conviction By Civil Court), with an undesirable  discharge.   He
was credited with 9 months and 10 days of total active service.  Time  lost
was 42 days due to confinement.

On 15 August 2003, a request to the Federal Bureau  of  Investigation  (FBI)
was made and other than the offense  leading  to  his  discharge,  no  other
arrest records were found.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  the  application  be  denied.   DPPRS   states   the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.   DPPRS  states  that  the  applicant  has  not
provided any  facts  warranting  a  change  of  his  discharge.   The  DPPRS
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 September 2003, applicant's case  was  administratively  closed  since
the applicant stated he needed more time to support his appeal (see  Exhibit
E).

On 16 April 2004, this office received the  applicant's  request  to  reopen
his application.  Applicant states that he has been married since  1958  and
has five grown children and seven grandchildren and has worked for the  same
employer for thirty-four plus years.  Applicant's letter, with  attachments,
is at Exhibit F.

_________________________________________________________________

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.  After a thorough review of the evidence of record we see no evidence  to
show that the applicant’s discharge was erroneous or  unjust.   However,  we
recognize the adverse impact of the discharge the  applicant  received;  and
while it may have been appropriate at the time, we believe it  would  be  an
injustice  for  the  applicant  to  continue  to  suffer  its  effects.   In
consideration of the applicant’s current age,  his  apparent  immaturity  at
the time of his enlistment, and no evidence that he has had  any  subsequent
involvement of a derogatory nature since his separation from the Air  Force,
we believe that corrective action is appropriate on the basis  of  clemency.
Accordingly, we recommend that  his  records  be  corrected  to  the  extent
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  9  February  1953,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 May 2004 under the provisions of AFI 36-2603:

           Mr. John L. Robuck, Panel Chair
           Ms. Olga M. Crerar, Member
           Ms. Martha J. Evans, Member

The following documentary evidence for AFBCMR  Docket  Number  03-02156  was
considered:

     Exhibit A.  DD Form 149, dated 20 Jun 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 21 Jul 03.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.
     Exhibit E.  Letter, AFBCMR, dated 10 Sep 03 and applicant’s
                 letter, dated 5 Sep 03.
     Exhibit F.  Letter, Applicant, undated, w/atchs.





                                  JOHN L. ROBUCK
                                  Panel Chair
      AFBCMR BC-2003-02156












      MEMORANDUM FOR THE CHIEF OF STAFF


            Under the authority of Section 1552, Title 10, United States
      Code and Air Force Instruction 36-2603, and having assured compliance
      with the provisions of the above regulation, the decision of the Air
      Force Board for Correction of Military Records is announced, and it is
      directed that:


            The pertinent military records of the Department of the Air
      Force relating to XXXXXXXXXXX, be corrected to show that on 9 February
      1953, he was discharged with service characterized as general (under
      honorable conditions).








                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Board Agency