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AF | BCMR | CY2005 | BC-2004-03318
Original file (BC-2004-03318.DOC) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03318
            INDEX NUMBER:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  charged  and  convicted  of  pawning  a  government   band
instrument, but he was only with the man that  pawned  it  and  had
nothing to do with the transaction.  He was just at the wrong place
at the wrong time.  He feels 57 years is a long time to live with a
charge he had nothing to do with.

In support of his application he submits  his  personal  statement,
seven letters of character reference, a copy of his WD AGO Form 53-
59,  Enlisted  Record  and  Report  of  Separation  –   Undesirable
Discharge, a copy of the special court martial order, and a copy of
his discharge order.

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

STATEMENT OF FACTS:

It appears that the applicant’s records may have been destroyed  in
the 1973 fire at the National Personnel Records Center.  Therefore,
the facts surrounding his discharge are not available.

The available records indicate applicant served  in  the  Army  Air
Corps from 17 Mar 47 to 19 Dec 47.

On 29 Aug 47, applicant was tried and convicted by  special  court-
martial for jointly disposing of, by selling, one saxophone  valued
at $50.00, property of the Military Service of the  United  States.
He was sentenced to confinement at hard labor for six  months,  and
forfeiture of $50.00 pay per month for six months.

On  19  Dec  47,  applicant  was  discharged  with  an  undesirable
discharge, under the provisions of AR 615-366, Sec 1 (Enlisted  Men
– Discharge – Misconduct).  The remarks section of the WD AGO  Form
53-59 (Item 55) reflects 128 days of lost time.

A copy of a Federal Bureau of Investigation (FBI) report,  provided
pursuant to the Board’s request, contained no entries subsequent to
the applicant’s discharge.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  makes  no  recommendation.   They  are  unable   to
determine  the  propriety  of  the  discharge  based  on  lack   of
documentation in the applicant’s master  personnel  records.   They
also noted the applicant did not submit any  evidence  or  identify
any errors or injustices that occurred in the discharge processing.
 They defer to the  Board  to  determine  if  applicant  should  be
granted relief based on limited  supporting  documentation  in  his
master personnel records.

A complete copy of the Air Force evaluation is at Exhibit B.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 19 Nov 04 for review and comment within 30  days.   As  of  this
date no response has been received by this office.  (Exhibit C)

__________________________________________________________________

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  probable  error  or  injustice.   After  careful
consideration of the limited records available for our  review,  we
found no evidence that the applicant’s discharge was  inappropriate
or contrary to the governing directives  in  effect  at  the  time.
Nevertheless, we recognize the adverse impact  of  the  applicant’s
undesirable discharge; and, while it may have been  appropriate  at
the time, we believe it would be an injustice for him  to  continue
to suffer its effects.  Based on the letters of character reference
submitted in his behalf,  it  appears  the  applicant  has  been  a
responsible citizen and productive member of society since  leaving
the service.  Therefore, we believe an upgrade of his discharge  to
general (under honorable conditions) is warranted on the  basis  of
clemency.  His request for upgrade  to  honorable  was  considered;
however, without complete knowledge of  the  circumstances  of  his
discharge and the overall quality of his service, we do not believe
that an upgrade  to  a  fully  honorable  discharge  is  warranted.
Accordingly,  we  recommend  that  his  records  be  corrected   as
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  19  December
1947, he was  discharged  with  service  characterized  as  general
(under honorable conditions).

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2004-03318 in Executive Session on 19 January  2005,  under  the
provisions of AFI 36-2603:

      Mr. Frederick R. Beaman III, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Mr. Michael J. Novel, Member

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

     Exhibit A.  DD Form 149, dated 28 Oct 04, w/atchs.
     Exhibit B.  Letter, AFPC/DPPRS, dated 16 Nov 04.
     Exhibit C.  Letter, SAF/MRBR, dated 19 Nov 04.




                                   FREDERICK R. BEAMAN III
                                   Panel Chair





AFBCMR BC-2004-03318




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 APPLICANT, be corrected to show that on 19
December 1947, he was discharged with service characterized as
general (under honorable conditions).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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