RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00547
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 AUGUST 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received 30 days bad time for insubordination.  He indicates on  the  day
of his discharge he received an honorable discharge; however, the  next  day
he was informed he would receive a general discharge.  He  believes  he  was
treated unjustly.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by  fire  in  1973
at the National Personnel  Record  Center  (NPRC)  in  St. Louis,  Missouri.
Therefore, the facts surrounding his discharge cannot be verified.

The available records indicate the applicant enlisted  in  the  Regular  Air
Force on 27 March 1951 for a period of four years.

On 25 April 1955,  the  applicant  was  discharged  with  a  general  (under
honorable conditions) discharge in the  grade  of  airman  basic  under  the
provisions of AFR 39-10 - Expiration Term of Service  (ETS).   He  served  4
years of total active duty service with 30 days bad time.


Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, indicated they were unable to  identify  with  an
arrest record on the basis of information furnished - Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS indicated there is no documentation in  the  applicant’s  records
relating to the reason for discharge or the discharge  process.   They  were
unable to determine the propriety of the discharge  based  on  the  lack  of
documentation in his  master  personnel  records.   The  applicant  did  not
submit any evidence or identify any errors or injustices which  occurred  in
the discharge processing.  He provided no facts warranting a change  to  his
character of service.

They defer to the Board to determine if  the  applicant  should  be  granted
relief based on limited supporting documentation in his  military  personnel
records.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated  he  was  discharged  50
years ago.  The reason for his court-martial was for a minor infraction  and
any disciplinary action that was taken against him was never for neglect  of
performing his duties.  He further indicated  he  served  his  country  with
honor and pride.

The applicant’s response is at Exhibit F.

On 7 April 2005, the Board  staff  requested  the  applicant  provide  post-
service documentation and  any  records  that  would  assist  the  Board  in
rendering a decision  on  his  appeal  within  20  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.  We note the applicant had  30  days
of lost time.  However, the exact reason for the applicant’s general  (under
honorable conditions) discharge cannot  be  determined  from  the  available
documentation, nevertheless, the  majority  believes  it  is  reasonable  to
conclude his misconduct was minor in nature.  After reviewing the  available
documentation, the majority of the Board believes the applicant’s  discharge
should be upgraded on the basis  of  clemency.   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  the
applicant to continue to suffer its effects.  We note  the  applicant’s  FBI
report contains no entries prior or subsequent to his enlistment in the  Air
Force.  We also note  the  applicant’s  apparent  successful  transition  to
civilian life, as evidenced by his post-service  accomplishments.   In  view
of this, the majority of the Board is of  the  opinion  that  upgrading  the
applicant’s discharge to honorable based on clemency would  be  appropriate.
Accordingly, the majority of the board recommends  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 25 April 1955, he  was  honorably
discharged and issued an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 17 May 2005, under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Mr. Clarence D. Long III, Member









By a majority vote, the Board recommended to grant the applicant’s  request.
 Mr. Groner voted to deny the applicant’s  request  and  does  not  wish  to
submit  a  Minority  Report.   The  following   documentary   evidence   was
considered pertaining to AFBCMR Docket Number BC-2005-00547:

   Exhibit A.  DD Form 149, dated 11 February 2005, w/atch.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Negative FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 28 February 2005.
   Exhibit E.  Letter, SAF/MRBR, dated 4 March 2005.
   Exhibit F.  Letter, Applicant, dated 5 March 2005.
   Exhibit G.  Letter, AFBCMR, dated 7 April 2005, w/atch.
   Exhibit H.  Letter, Applicant, dated 14 April 2005, w/atchs.




                                LAURENCE M. GRONER
                                Panel Chair




AFBCMR BC-2005-00547





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 25 April 1955, he was
honorably discharged and issued an Honorable Discharge Certificate.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency