RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00132
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  Not Indicated


MANDATORY COMPLETION DATE:  15 Jul 05


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1956  bad  conduct  discharge  (BCD)  be  upgraded  to  a  general
discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While serving a sentence of six months  at  hard  labor  at  the  base
stockade from a summary court-martial (SCM) just prior to his release,
he appeared before a pre-release Board of Inquiry (BOI).  He was given
the option of returning to duty or an  early  release  taking  a  BCD.
[Note: The applicant was not  offered  clemency/rehabilitation  -  See
Statement of Facts.]  He regretfully chose the latter.  He has been an
exemplary citizen since his discharge and his rehabilitated life needs
to have  this  stain  removed.   Although  he  never  used  drugs,  he
associated  with  a  court-martialed  basic  training  instructor  who
hustled basics for money.  Soon he was doing the  same  as  a  way  to
support their party life.  He has lived a decent life ever since.   He
has lost all his military records through the years.

The applicant includes photographs he labels as:   Lackland  AFB,  TX,
Feb 54; Luke AFB, AZ, Sep 54; Parks AFB, CA, Sep  55;  and  Parks  AFB
Hospital, Apr 55.  His complete submission,  to  include  post-service
information, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military records were totally destroyed  in  the  1973
fire at the National Personnel Records Center at St. Louis, Mo.

On 11 Jan 05, SAF/MRBR requested the applicant provide copies  of  his
DD Form 214, Separation Order, and any documents/records he might have
in his possession in order to assist the Board in rendering a decision
on his case.  By letter dated 10 Feb 05, the  applicant  responded  he
had no further documentation.

On 10 Feb 05, SAF/MRBR advised the applicant that, upon receiving  his
application, they researched the index of military  personnel  records
stored at NPRC.  His record was indexed with an “E”  prefix,  denoting
it contained only an auxiliary document, likely an  enlistment  ledger
reflecting his date of enlistment.  As previously  advised,  the  1973
fire destroyed the applicant’s records.  SAF/MRBR  again  requested  a
copy of the applicant’s Report of Separation, DD Form 214.

In a letter dated 14 Feb  05,  the  applicant  indicated  all  of  his
military papers were lost in Jul 1976  when  he  moved  from  Utah  to
Montana.

Pursuant to a 3  Mar  05  request  by  the  AFBCMR  Staff,  AFLSA/JAJM
provided  a  copy  of  the  applicant’s  Record  of  Trial  (ROT)  and
associated  documents,  including  a  legal  review.   The   following
information was extracted from those materials:

      -- On 19 Jan 54, the applicant enlisted in the Regular Air Force
and took basic training at Lackland AFB, TX.  He then graduated from a
supply technical school on 2 Jul 54.  He was assigned to Luke AFB, AZ,
as a supply records clerk  until  24 Jan  55,  when  he  was  sent  on
temporary duty (TDY) to Parks  AFB,  CA,  in  order  to  have  an  eye
operation at the 3275th USAF Hospital.  However, it developed that  he
required five more operations on his eye and was  a  patient  for  six
months.   On  27 Jun  55,  he  was  released  from  the  hospital  and
subsequently changed to a permanent change of  station  (PCS)  at  the
3277th Basic Military Training Squadron at Parks AFB, CA, as a  supply
records clerk.

      -- Special Court-Martial Order (SCMO) No. 210, dated 30 Nov  55,
reflects the applicant, then an airman  second,  pled  and  was  found
guilty of violating a lawful general regulation, Parks AFB  Regulation
30-4/30-4A, dated 1 Dec 54 and amended 12 May 55, by soliciting  money
from five basic trainees on or about  27 Aug  55;  and  of  wrongfully
altering an official Armed Forces Liberty Pass on or about  6 Jul  55,
by stamping “Over 21” across the face, knowing this to  be  false  and
unauthorized.  The sentence  was  reduction  to  the  lowest  enlisted
grade, confinement at hard labor for four months,  and  forfeiture  of
$55.00 per month for four months.  The sentence was adjudged on 28 Nov
55, and approved on 30 Nov 55.  The applicant served 67  days  in  the
stockade, the balance of his confinement was  suspended,  and  he  was
released to his organization on 3 Feb 56.

      -- On 23 Mar 56, the applicant certified he had read or had read
to him and fully understood the provisions of Parks AFB Regulation 30-
4, Standing Order, dated 13 Mar 56, which prevented all base  military
members, particularly instructors and  student  flight  leaders,  from
taking advantage of the inexperience or  vulnerable  status  of  basic
military trainees or technical training students for personal  benefit
by soliciting or accepting for any purpose,  directly  or  indirectly,
anything of value from them.

      -- On 31 Jul 56, a Special Court-Martial convened at Parks  AFB,
CA.  The applicant pled and was found guilty of violating  the  lawful
general regulation mentioned above by borrowing $25.00 from an  airman
third class on 16 May 56, borrowing $10.00 from an airman third  class
on 20 May 56, and borrowing $3.00 from an airman third class on 30 May
56.  He was sentenced to confinement at hard  labor  for  six  months,
forfeiture of $65.00 a month for six months, and a BCD.

      -- The sentence was approved  on  3 Aug  56  and  the  case  was
forwarded  to  the  Parks  AFB  Judge  Advocate  General   (JAG)   for
consideration by a Board of  Review.   In  considering  clemency,  the
commander, the post-trial interviewing officer,  and  the  confinement
officer were against clemency in  view  of  the  applicant’s  previous
similar offense and past expressed desire to get out of  the  service,
which  questioned  the  sincerity  of  his  present   desire   to   be
rehabilitated.  The prison chaplain recommended  rehabilitation.   The
applicant  had  been  evaluated   as   having   poor   character   and
unsatisfactory efficiency.  The Board  of  Review  did  not  recommend
clemency and, on 24 Aug 56, the sentence was affirmed.

      -- The applicant was advised of his rights to appeal to  the  US
Court of Military Appeals on 28 Aug 56.  As no petition for a grant of
review was received,  SCMO  No.  192,  dated  5 Oct  56,  ordered  the
sentence executed.  The Order also indicated that the portion  of  the
sentence pertaining to confinement at hard labor and forfeiture, which
remained unexecuted as of 17 Oct 56, would be remitted.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., indicated that on the basis of the  data  furnished,
they were unable to locate an arrest record (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  error  or  injustice  to  warrant   granting   the
applicant’s  request  to  have  his  BCD   upgraded   to   a   general
characterization.  After a thorough review of  the  ROT,  we  find  no
evidence showing the applicant’s service characterization,  which  had
its basis in his conviction by special court-martial and was  part  of
the sentence of  a  military  court,  was  improper  or  exceeded  the
limitations set  forth  in  the  Uniform  Code  of  Military  Justice.
However,  we  recognize  the  adverse  impact  of  the  discharge  the
applicant received 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.  In consideration of the applicant’s current  age,
his apparent immaturity at the time of his enlistment  and,  based  on
the negative FBI report, no evidence of any subsequent involvement  of
a derogatory nature since  his  separation  from  the  Air  Force,  we
believe corrective action is appropriate on the basis of clemency.  We
could not find the date the applicant was actually discharged, as this
information was not contained in the ROT documents and his records  no
longer exist.  However, we note SCMO No. 192, dated 5 Oct 56, ordering
the sentence executed, also indicated that the portion of the sentence
pertaining to confinement at hard labor and forfeiture, which remained
unexecuted as of 17 Oct 56, would be remitted.   We  therefore  select
17 Oct 56 as the applicant’s discharge date and recommend his  BCD  be
upgraded to general as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to  show  that,  on  17 October
1956, he was discharged with service characterized as  general  (under
honorable conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 21 April 2005 under the  provisions  of  AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Renee M. Collier, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-00132 was considered:

   Exhibit A.  DD Form 149, dated 3 Jan 05, w/atchs.
   Exhibit B.  Record of Trial, w/atchs.
   Exhibit C.  Negative FBI Report.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2005-00132




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 17 October 1956,
he was discharged with service characterized as general (under
honorable conditions).





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency