RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01255
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His late father’s undesirable discharge be changed to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His father was discharged as a result of a  conviction  by  a  civil  court.
This was a misdemeanor, not a deficiency  in  his  father’s  performance  of
duty, and had no impact on his military service.

In support of the application, the applicant submits his personal note,  his
father’s  death  certificate,  separation  document  (DD  214),  Review   of
Discharge or Separation, an excerpt of the Reconstructed Service  Record,  a
Discharge  Review  Board  summary,  two  character  references,  a  personal
statement from his late father, and his personal notarized  statement.   The
applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 3 February 1951, the former member enlisted in the Regular Air  Force  at
the age of 18 in the grade of airman basic (E-1) for a period  of  four  (4)
years.  He was promoted to the grade of airman third  class,  effective  and
with a date of rank 19 April 1951.

On 30 July 1952, he received an Article 15 for failing to report for  a  new
duty assignment.  For this incident, he was reduced to the grade  of  airman
basic (E-1).

On 17 September 1952, he was tried and convicted by a summary  court-martial
for offering violence against the officer in charge.  For this incident,  he
was confined to hard labor for 30 days and fined $50.00.

On 5 January 1953, he was Absent Without Leave (AWOL)  for  a  period  of  1
day.

On 19 January 1953, he was tried and convicted by  a  summary  court-martial
for wrongfully having in his  possession  another  military  member’s  pass.
For this incident, he was confined to hard  labor  for  14  days  and  fined
$25.00.

On 27 March 1953, he was again promoted to the grade of airman third  class.
 On 20 May 1953, he received an  Article  15  for  being  intoxicated  in  a
public place.  For this incident, he was reduced  to  the  grade  of  airman
basic (E-1).

On 2 August 1953, he was confined in the hands of civil authorities  on  the
charge of “Drunk and Disorderly (Misdemeanor).”  For this incident,  he  was
charged and sentenced to 5 days in the  County  Jail  (suspended  when  fine
paid), and fined $15.00 and court costs.

On 14 August 1953, discharge proceedings were initiated against  the  former
member under the provisions of AFR 39-22 (Conviction by a Civil Court).   On
17 September 1953, the former member  was  discharged  with  an  undesirable
discharge.  He was credited with 2 years, 5 months, and  29  days  of  total
active service.  Time lost was 46 days due to confinement and AWOL.

On 12 December 1955, the former member submitted an application to  the  Air
Force Discharge Review Board (AFRDB) requesting  his  undesirable  discharge
be upgraded to honorable.  The AFRDB determined that a change  to  the  type
or nature of his discharge was not warranted.  The  AFDRB  Examiner’s  brief
is at Exhibit B.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative report pertaining to the  former  member
(Identification Record No. ---), which is at Exhibit G.

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AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in the former member’s master  personnel  record,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  DPPRS opinions the discharge  was  within  the
discretion of the discharge authority.  DPPRS notes  the  AFDRB  review  and
determination that the former member’s character of service  should  not  be
changed.  Applicant did not submit any evidence or identify  any  errors  in
the discharge processing, nor  provide  facts  that  support  upgrading  the
discharge to honorable (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his undated response to the DPPRS evaluation, the  applicant  provides  a
copy of his  father’s  Soldier’s  Qualification  Card  which  indicates  the
earned rank and status of Senior  Cook  during  his  first  enlistment.   He
discovered his father developed a dependency to  alcohol.   Although  he  is
unsure what caused this, his father did not use alcohol  before  he  entered
the military service.  No treatment or rehabilitation was offered  him,  and
it is the applicant’s understanding that this is why his father  experienced
the problems that led to his punishment (Exhibit E).

On 28 June 2004, the applicant was invited to submit information  pertaining
to his father’s post-service accomplishments.  As of this date, this  office
has received no response to this request.  On 8 July 2004,  a  copy  of  the
Federal  Bureau  of  Investigations  (FBI)  report  was  forwarded  to   the
applicant.  The applicant’s response, dated 19 July 2004, is at Exhibit F.

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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.  After  careful  consideration  of
the available evidence, we found no indication that  the  actions  taken  to
effect  his  undesirable  discharge  were  improper  or  contrary   to   the
provisions  of  the  governing  regulations  in  effect  at  the  time.   In
addition, in view of the contents  of  the  FBI  Identification  Record  and
absent evidence showing the former member made  a  successful  post  service
adjustment  following  his   separation,   we   are   not   persuaded   that
recharacterization of the former member’s  discharge  to  honorable  on  the
basis of  clemency  would  be  appropriate.   Accordingly,  the  applicant’s
request is not favorably considered.

4.  The applicant’s case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 25 August 2004, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Albert C. Ellett, Panel Member
                 Mr. Terry L. Scott, Panel Member

The following documentary evidence was considered in AFBCMR BC-2004-01255:

      Exhibit A.  DD Form 149, dated 13 Apr 04, with attachments.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPRS, dated 14 Jun 2004.
      Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.
      Letter, AFBCMR, dated 28 Jun 04.
      Letter, AFBCMR, dated 8 Jul 04.
      Exhibit E.  Applicant’s Rebuttal, undated, with attachment.
      Exhibit F.  Applicant’s Letter, dated 19 Jul 2004.
      Exhibit G.  FBI Report.





            MICHAEL K. GALLOGLY
            Panel Chair