RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00627
            INDEX NUMBER:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  23 AUGUST 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He received a summary court-martial for disobeying a direct  order.
When he appeared for his preliminary hearing,  the  first  sergeant
took him aside and told him if he pled guilty to  the  charge,  the
court would go easy on him.  He appeared before the court and  pled
guilty to the charge based on the advice  he  was  given.   He  was
reduced in rank, fined a month’s pay, and forfeiture  of  his  Good
Conduct Medal.  He subsequently received a general discharge.

He went on to become a mechanical design  engineer  and  worked  on
many DOD projects.

In support of his application he submits a statement outlining  the
events  leading  to  his  summary  court-martial   and   subsequent
discharge.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in  the  Army  Air  Force  (Air
Corps) from 7 Jan 46 until 23 Dec 49.  His highest grade  held  was
corporal.  On 11 Aug 49, he was reduced to the grade of private for
misconduct.

On 1 Dec 49, applicant was convicted by summary  court-martial  for
behaving in an insubordinate  and  disrespectful  manner  toward  a
noncommissioned officer by using profane and insulting language and
for willfully disobeying a lawful order to go to bed, on  or  about
28 Nov 49.  He was sentenced to a forfeiture of $50.

He was discharged on 23 Dec 49, under the provisions of AFR  39-14,
in the grade of private, for convenience  of  the  government,  and
issued a general discharge.  He  was  credited  with  3  years,  11
months, and 17 days of active military service.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, indicated on 30  Mar  05,
that, on the basis of data furnished, they are unable to locate  an
arrest record (Exhibit C).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  found  the  discharge  was  consistent   with   the
procedural and substantive requirements of the discharge regulation
and  recommended  disapproval.   Additionally,  the  discharge  was
within the discretion of the discharge authority.

In  accordance  with  AFR  39-14,  individuals  separated  for  the
convenience of the government will receive an  honorable  or  under
honorable conditions (general) discharge, as directed by AFR 39-10,
Discharge –  Expiration  of  Enlistment  or  Required  Service  and
General Provisions.  Under AFR 39-10,  a  general  discharge  is  a
separation  from  the  Air  Force   under   honorable   conditions.
Ordinarily, an airman will be issued a  general  discharge  if  his
military record is  not  sufficiently  meritorious  to  warrant  an
honorable discharge.

They also noted the  applicant  did  not  submit  any  evidence  or
identify any errors or injustices that occurred  in  the  discharge
processing, or  provide  any  facts  warranting  a  change  to  his
character of service.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 Mar 05, the AFBCMR offered the applicant  an  opportunity  to
provide information pertaining to his activities since leaving  the
service.  On 2 Apr 05, the  applicant  responded  with  a  personal
letter  outlining  his  civilian  education  and  employment  since
leaving the service.  He has been married to his wife  since  1960,
and they have one daughter.  An honorable discharge is important to
him, because he is an honorable man.

Applicant’s complete response is at Exhibit G.

___________________________________________________________________

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.  After a thorough review of the evidence of  record  we  see  no
evidence to show that the applicant’s discharge  was  erroneous  or
unjust.   However,  we  recognize  the  adverse   impact   of   the
applicant’s discharge, 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.   In  view  of  the  information
submitted in support of his appeal, as well as the absence  of  any
derogatory involvement  with  civil  authorities,  it  appears  the
applicant has been a responsible citizen and productive  member  of
society since his separation.  Therefore, we believe an upgrade  of
the characterization of his discharge to honorable is warranted  on
the basis of clemency.  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  23  December
1949, he  was  honorably  discharged  and  furnished  an  Honorable
Discharge Certificate.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-00627 in Executive Session on  28  April  2005,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Charlie E. Williams Jr., Member
      Mr. Gregory A. Parker, Member

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

     Exhibit A.  DD Form 149, dated 14 Feb 05, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, AFPC/DPPRS, dated 9 Mar 05.
     Exhibit E.  Letter, SAF/MRBR, dated 18 Mar 05.
     Exhibit F.  Letter, AFBCMR, 25 Mar 05.
     Exhibit G.  Letter, Applicant, 2 Apr 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair



AFBCMR BC-2005-00627




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  23
December  1949,  he  was  honorably  discharged  and  furnished  an
Honorable Discharge Certificate.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency