RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03189
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the United States Army  from  27  June  1946  to  28
November  1947  and  was  honorably  discharged  for  convenience   of   the
government.

The applicant enlisted in the Regular Air Force on 12 November  1952  for  a
period of four (4) years in the grade of airman third class.

The applicant received the following nonjudicial punishments  under  Article
15, Uniform Code of Military Justice (UCMJ):

      On 3 April 1953, the applicant failed to repair for  school  formation
and was restricted to the base for a period of 14 days.

      On 25 May 1953 he willfully disobeyed a  lawful  order  given  by  his
first sergeant and was demoted to the grade of airman  basic,  effective  26
May 1953.

      On 6 July 1953, he failed to repair for bed check.



On 23 July 1953, the applicant was eliminated from Radio Operator School  by
faculty board action.

On 18 August 1953, the applicant’s  commander  requested  the  applicant  be
transferred from Keesler Air Force Base.  The commander indicated  that  the
following attempts had been made toward rehabilitation:  the  applicant  had
been under the direct charge of the  acting  first  sergeant  and  had  been
performing duties in  the  squadron  area  mainly  in  connection  with  the
beautification of the squadron area.  His performance  had  been  excellent.
He had been given ample time off for  recreation  and  relaxation.   He  had
shown an above average attempt to  be  and  become  a  good  airman.   Under
proper job conditions  and  a  strong  leader,  the  applicant  could  be  a
valuable asset to the Air Force.  The commander further indicated  that  the
applicant’s rehabilitation was complete and that a change in  scenery  would
do much to enhance his future effectiveness to the Air Force.   He  did  not
believe anything could be gained by retaining him for a  long  period.   The
applicant needed a permanent job and the feeling that he was wanted  by  and
of value to  an  operating  organization.   By  the  fine  duty  performance
displayed by, and such improved attitude  of  the  applicant  he  had  fully
demonstrated that he was rehabilitated and ready for reassignment.

On 26 October 1953, the commander recommended the  applicant  be  discharged
for reason of fraudulent enlistment.  He specified that at the time  of  his
enlistment, the applicant indicated in item  21  of  his  enlistment  record
that he had only one dependent, a  daughter  (three  years  old).   Item  20
indicates that he was divorced at the time  of  enlistment.   The  applicant
received information that his divorce was never granted; therefore,  he  had
two dependents at the time of enlistment.  The applicant  was  reduced  from
airman third class to airman basic through  Article  15  action  on  26  May
1953.  The commander recommended the applicant be  discharged  with  service
characterized as general.

Applicant was discharged on 13 November 1953, in the grade of  airman  basic
with a general (under honorable conditions) discharge, under the  provisions
of AFR 39-21 (Fraudulent Entry Into the Air Force).  He served  a  total  of
two years, five months and four days of active military service.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  investigation,
Clarksburg, West  Virginia,  provided  an  Investigative  Report,  which  is
attached at Exhibit C.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPRSP 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.  Additionally, he provided no facts  warranting
an upgrade in his  discharge.   However,  today  a  fraudulent  entry  would
receive an honorable discharge and considering  the  discharge  occurred  50
years ago and the type of offense leading to his discharge, they  would  not
be opposed to upgrading his discharge to honorable conditions  if  a  search
of the FBI files  reveals  no  convictions.   He  has  not  filed  a  timely
request.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  reviewed  the  evaluation  and  indicated  he   takes   full
responsibility for what happened while he was in the Air  Force.   He  would
like to give his discharges to his grandson who is  serving  in  the  United
States Marines.  He further indicates that he served in  the  United  States
Army from 27 June 1946 through 28 November 1947 and  received  an  honorable
discharge.

Applicant’s response 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.    Sufficient relevant evidence has been presented to warrant an  upgrade
of the applicant’s discharge solely on  the  basis  of  clemency.   In  this
regard, no evidence has  been  presented  which  would  lead  the  Board  to
believe the applicant’s discharge was improper or contrary to the  directive
under which it was effected.  However, we note that  AFPC/DPPRSP  recommends
clemency, if an FBI report is clean on the basis that the discharge is  over
50 years old.  The Board notes the FBI report  does  contain  some  entries;
however, with  the  exception  of  an  entry  in  1957,  the  offenses  were
dismissed.  Therefore, the Board  is  of  the  opinion  that  upgrading  the
applicant’s discharge to honorable, based on clemency would be  appropriate.
 Therefore, we recommend the applicant's 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  13  November  1953,  he  was
honorably discharged and issued an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
03189 in Executive Session on 29 January 2004, under the provisions  of  AFI
36-2603:

                  Ms. Carolyn J. Watkins-Taylor, Panel Chair
                  Mr. John B. Hennessey, Member
                  Ms. Deborah A. Erickson, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 September 2003 w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRSP, dated 20 October 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 31 October 2003.
   Exhibit F.  Letter, Applicant, dated 20 November 2003.




                                CAROLYN J. WATKINS-TAYLOR
                                Panel Chair



AFBCMR BC-2003-03189





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  13  November  1953,  he  was
honorably discharged and issued an Honorable Discharge Certificate.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency