RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03553
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received  an  honorable  discharge  with  his  first  enlistment  in  the
service.  During his second enlistment  he  received  a  driving  under  the
influence (DUI) on base and was given an undesirable discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by  fire  in  1973  at
the  National  Personnel  Record  Center  (NPRC).   Therefore,   the   facts
surrounding his separation from the Air Force cannot be verified.

The available records reflect that the applicant  enlisted  in  the  Regular
Air Force on 10 March 1954.

Applicant was discharged on 15  September  1958,  in  the  grade  of  airman
basic, with an undesirable discharge, under  the  provisions  of  AFR  39-17
(Unfitness).  He served  4 years,  6 months,  and  5 days  of  total  active
military 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 indicates there is no documentation on file  in  the  applicant’s
master personnel records relating to the reason for  the  discharge  or  the
discharge process.  The only documentation on file in his record is  Special
Order A-634 indicating applicant was discharged under other  than  honorable
conditions.  They are unable to determine the  propriety  of  the  discharge
based on the lack of documentation in his records.  They defer to the  Board
to determine if the applicant should be  granted  relief  based  on  limited
supporting documentation in the applicant’s master  personnel  records.   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 was in the Air  Force
for 3 years and 10 months.  If he were so unfit, he would not have  made  it
past 36 months of service.  At two and a half years he  took  an  early  out
and reenlisted.  He had all intentions on staying  in  the  service  for  20
years.

Applicant’s complete response is at Exhibit F.

On 4 February 2004, the Board staff requested the  applicant  provide  post-
service documentation within 14 days (Exhibit G).  The applicant provided  a
response, with attachments, which 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice warranting the applicant’s  discharge  be
upgraded.  Given the limited documentation, and based upon  the  presumption
of regularity in the conduct of government affairs and without  evidence  to
the contrary, we must assume the applicant’s discharge  was  proper  and  in
compliance with appropriate directives.  While  the  exact  reason  for  the
applicant’s under  other  than  honorable  conditions  discharge  cannot  be
determined from the available documentation, it is  reasonable  to  conclude
his misconduct was  minor  in  nature.   At  the  time  of  the  applicant’s
discharge, apparently under the provisions  of  AFR  39-17,  an  undesirable
discharge was mandated for airmen discharged for unfitness.  However,  after
reviewing the available documentation, we believe the applicant’s  discharge
should be upgraded on the basis of changes made to AFR 39-17  on  March  18,
1959, giving a commander more discretion when recommending a  discharge  for
unfitness, as was apparently the situation  in  the  applicant’s  case.   In
accordance with the 1959 change in Air Force policy regarding  discharge  of
airmen under AFR 39-17, it is noted that  personnel  discharged  under  this
authority could conceivably have their service characterized with a  general
or an honorable discharge.  While there is no indication in the  applicant’s
available records regarding the quality of  his  service,  during  the  time
period in question, the commander would have been precluded from giving  him
either a general or an honorable discharge.  However, as  a  result  of  the
change in policy, either a general or  an  honorable  discharge  could  have
been recommended.  We  note  the  FBI  Report  is  negative.   Actually,  it
appears the applicant has been a law-abiding citizen who is  highly  thought
of by members of the community and who has had to live with the  effects  of
his discharge for nearly 45 years.  We believe there is some doubt he  would
have received the same characterization of service if the  current  policies
had been available at the time of his separation.  Therefore, we believe  to
preclude any possibility of an injustice to the applicant, any doubt  should
be resolved  in  favor  of  the  applicant.   Therefore,  we  recommend  his
discharge be upgraded to honorable.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to  show  that  on  15  September  1958,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
03553 in Executive Session on 7 April 2004, under the provisions of AFI  36-
2603:

                 Mr. Joseph A. Roj, Panel Chair
                 Ms. Rita J. Maldonado, Member
                 Ms. Leslie E. Abbott, Member

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

   Exhibit A.  DD Form 149, dated 2 December 2003, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Negative FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 18 December 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 24 December 2003.
   Exhibit F.  Letter, Applicant, undated.
   Exhibit G.  Letter, AFBCMR, dated 4 February 2004, w/atch.
   Exhibit H.  Letter, Applicant, 17 February 2004, w/atchs.




                                JOSEPH A. ROJ
                                Panel Chair




AFBCMR BC-2003-03553





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 XXXXXXXX, XXX-XX-XXXX, be corrected to show that on 15
September 1958, he was discharged with service characterized as general
(under honorable conditions).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency