RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-02934
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His dishonorable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was treated unjustly  given  the  circumstances  surrounding  his  family
situation at the time of his discharge.  Since his discharge, he has led  an
exemplary life.  He wishes to be more active with the  Veterans  of  Foreign
Wars (VFW) and to be a more honorable father and husband.

In support of his application, he provides a personal statement.  A copy  of
the applicant’s complete submission with attachment is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 16 February 1954, the applicant enlisted in the Regular Air Force at  the
age of 17 in the grade of airman basic (E-1) for a  period  of  four  years.
He was progressively promoted to the grade  of  airman  second  class  (E-3)
effective 17 December 1954 with a date of rank of 1 December 1954.

On 12 July 1955, a summary  court-martial  found  the  applicant  guilty  of
being in a known house of prostitution  (an  established  off-limits  area).
The court sentenced him to forfeiture of $45.  On 13 July  1956,  a  general
court-martial found the applicant  guilty  of  being  Absent  Without  Leave
(AWOL) for the periods 19 March 1956 through 2 May 1956  and  13  June  1956
through 25 June 1956.  The court sentenced him to six months of hard  labor,
forfeiture of $39 per month for six months  and  a  bad  conduct  discharge.
The  applicant’s  bad  conduct  discharge  was  later  suspended   following
recommendations for clemency from the  prison  officer,  chaplain,  and  the
staff judge advocate.  The applicant was allowed  to  retrain  and  continue
his military career.  On 15 April 1957, the applicant was found guilty by  a
general court-martial of being AWOL on or about 15  September  1956  through
5 March 1957.  The  court  sentenced  him  to  forfeiture  of  all  pay  and
allowances, confinement at hard labor for three months, and  a  dishonorable
discharge.  On 24  June  1957,  an  unexecuted  portion  (58  days)  of  the
applicant’s confinement sentence was remitted effective 3 July 1957.

On 3 July 1957, the applicant was  dishonorably  discharged.   He  served  2
years, 2 months, and 23 days on active duty.  Time lost was 422 days.

On 29 March 1960, the applicant enlisted in the Regular Air Force under  the
assumed name of his brother and concealed his  previous  enlistment.   On  8
June 1960, after  fingerprints  were  identified,  authorities  at  Lackland
Military  Training  Center  were  notified  of  the  applicant’s  fraudulent
enlistment.  On 29 June 1960, his commander notified the  applicant  of  his
recommendation for the applicant’s undesirable discharge.  On 5  July  1960,
the applicant waived  his  right  to  a  hearing  before  an  administrative
discharge board and elected not to submit a statement  in  his  own  behalf.
On 16 August 1960, civil authorities arrested the applicant for forgery  and
uttering.  On 20 October 1960, he  was  found  guilty  by  civil  court  and
sentenced to 18 months of confinement.

On 4 January 1961, while he was still incarcerated by civilian  authorities,
the applicant was discharged with an Under Other Than  Honorable  Conditions
(UOTHC) characterization of service.  He did not receive any service  credit
based on his fraudulent enlistment.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided a copy of an  Investigation  Report  pertaining  to
the applicant, which is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM recommended denial.  It is JAJM’s opinion that while clemency  is
an option, there is no reason for the Board to  exercise  clemency  in  this
case.  The applicant was given an opportunity to recover  after  his  second
court-martial, but the applicant was again AWOL a few  months  later.   JAJM
stated there are consequences for criminal behavior -- the  military  judge,
convening  authority,  and  the  appellate  court  believed  a  dishonorable
discharge was an appropriate consequence that accurately  characterized  his
military service and his crimes.  JAJM indicated that  though  his  life  of
public service is commendable, his  later  good  conduct  does  not  justify
criminal behavior during his enlistment, which appropriately  ended  with  a
dishonorable discharge.

JAJM stated the applicant has identified no error or  injustice  related  to
the sentence of his court-martial.  He  presents  insufficient  evidence  to
warrant upgrading the dishonorable discharge, and does  not  demonstrate  an
equitable basis for relief.  Based on the circumstances  in  this  case,  an
alternative for the applicant is to apply for a presidential pardon.

The JAJM evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report were forwarded to  the
applicant on 19 December 2003 (Exhibit D) and 4 February  2004  (Exhibit  E)
for review and comment.  To date, this office has not  received  a  response
concerning either the Air Force evaluation or the FBI report.

On 24 February 2003, the applicant  was  given  the  opportunity  to  submit
comments about his post service activities (Exhibit  G).   His  reply,  with
attachments, is at Exhibit H.

_________________________________________________________________

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 probable error or injustice.   The  applicant’s  discharge  had
its  basis  in  his  trial  and  conviction  by  a  court-martial.   We  are
constrained to note that, in accordance with Title 10, United  States  Code,
Section 1552(f); actions by this Board are limited  to  corrections  to  the
record to reflect actions taken by the reviewing  officials  and  action  on
the sentence of the court-martial for the purpose  of  clemency.   There  is
nothing in the evidence provided which would  lead  us  to  believe  that  a
change to the actions of any of the reviewing officials is  warranted.   The
majority of the Board does not find  the  evidence  provided  sufficient  to
mitigate the approved dishonorable discharge given the circumstances of  the
case.  Additionally, the Board majority reviewed the information  pertaining
to the applicant’s post-service activities  and,  considering  the  severity
and multiplicity, of  the  applicant’s  misconduct  during  his  periods  of
service in the Air Force, is not inclined to favorably consider clemency  in
this case.  Therefore, the majority of the Board finds no  compelling  basis
to recommend granting the relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

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

_________________________________________________________________

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

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Renee M. Collier, Member

Mr. Yount and Ms. Collier  voted  to  deny  the  application.   Mr. Gallogly
voted to correct the record as requested  but  did  not  wish  to  submit  a
minority report.  The  following  documentary  evidence  for  AFBCMR  Docket
Number BC-2003-02934 was considered:

      Exhibit A.  DD Form 149, dated 28 Aug 03, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFLSA/JAJM, dated 8 Dec 03.
      Exhibit D.  Letter, SAF/MRBR, dated 19 Dec 03.
      Exhibit E.  Letter, AFBCMR, dated 4 Feb 04.
      Exhibit F.  FBI Report No. 755510C, dated 13 Jan 04.
      Exhibit G.  Letter, AFBCMR, dated 9 Jan 04.
      Exhibit H.  Applicant’s Rebuttal, dated 20 Jan 04.




                                                   MICHAEL K. GALLOGLY
                                                   Panel Chair


AFBCMR BC-2003-02934


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

SUBJECT:  AFBCMR Application of XXXXXXXXXXXXXXXXXXXXXXXX

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that the applicant
had not provided sufficient evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.



                                                       JOE G. LINEBERGER
                                                       Director
                                                       Air Force Review
                 Boards Agency