RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
01045
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE


                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  31 SEPTEMBER 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions (general) discharge be  upgraded  to
honorable and his name changed from “XXXX XX XXXXXX”  to  “XXXX  XX
XXXXXX.”

___________________________________________________________________

APPLICANT CONTENDS THAT:

He served the full four years of his enlistment and  was  asked  to
reenlist.  He would like his first name changed due to an error  on
his birth certificate.

He is a registered voter, has been married for  48  years,  owns  a
home, is a college graduate, a retired teacher,  a  deacon,  and  a
great grandfather.

In support of his request, applicant provided copies of his DD Form
214, Report of Separation from  the  Armed  Forces  of  the  United
States,  Bachelor  of  Science  Degree,  and   various   forms   of
identification.  His complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The record reflects the applicant enlisted  and  served  under  the
name “XXXX X. XXXXXX.”

He enlisted in the Regular Air Force  on  24  August  1951,  for  a
period of four years in the grade of private.   His  highest  grade
held was airman third class (E-2).

Applicant’s character and efficiency ratings are as  follows:   16-
24 Oct 51 - Excellent; 2 Nov, and 28-29 Nov 51 -  Unknown;  20 Mar,
and 7-8 May 52 - Excellent; 8-10 Jun 52 - Unknown; 3 Feb  and  8-11
Jun  53  -  Very  Good/Satisfactory;  6-17  Aug,  26-27  Oct  53  -
Excellent; 12 Nov 53 - Unknown; 8-10 Mar 54 - Excellent.

The record reflects applicant received  the  following  punishments
under the Uniform Code of Military Justice:

On 6 Jan 54, Article 15, for violating a wing memorandum, by  being
in a house of prostitution, an “Off Limit Area”; and for  violating
a base regulation by remaining in Chinhae, Korea after 2200  hours,
on or about 1 Jan 54; punishment imposed was reduction in grade  to
airman basic (E-1).

On 26 Oct 54, was tried and convicted by  a  Summary  Court-Martial
for unauthorized departure from place of duty;  punishment  imposed
was restriction to base for 30 days.

On 4 May 55, Article 15, for failure to obey a lawful  order  of  a
noncommissioned officer (NCO) and showing disrespect toward the NCO
and being arrogant when conversing with the NCO; punishment imposed
was reduction in grade to airman third class (E-2).

Applicant was discharged on 23 Aug 55, in the grade of airman third
class, under the provisions of AFR 39-10, for expiration of term of
service, with an under honorable conditions (general) discharge and
was transferred to the Air Force Reserve.  He served a total  of  4
years on active duty.  He was discharged from the Air Force Reserve
on 31 Jul 59, for convenience of the Government.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They stated, in part, that based on the documentation  on  file  in
the master personnel records, the discharge was consistent with the
procedural  and   substantive   requirements   of   the   discharge
regulation.   The  discharge  was  within  the  discretion  of  the
discharge  authority.   Additionally,  the  applicant  provided  no
evidence or identified any errors or injustices  that  occurred  in
the discharge processing.  He provided no facts warranting a change
to the character of service.

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

AFPC/DPFF advised the applicant that since his name change occurred
after  his  separation,  his  records  properly  reflect  his  name
relative to his period of service.  Accordingly, since  he  has  no
continuing affiliation with the Air Force as a  Reserve  member  or
retiree, they are unable to amend his military  records  after  the
fact.  (Exhibit D)

___________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 2 May 05 for review and comment within 30 days (Exhibit E).

On 2 Jun 05, the AFBCMR offered the  applicant  an  opportunity  to
provide information pertaining to his activities since leaving  the
service.  The applicant responded with a personal letter  from  his
wife of 49 years, a copy of his Final Assessment  Report  from  the
Orange County Public Schools for the  school  year  1999-2000  (the
year he retired), his resume from  1989,  a  brief  biography,  and
certificates of recognition/membership subsequent to his  discharge
from the Air Force.  (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.  Sufficient relevant evidence has been presented to  demonstrate
the existence  of  probable  error  or  injustice.   After  careful
consideration of the available records, we found no  evidence  that
the applicant’s discharge was  inappropriate  or  contrary  to  the
governing directives in effect at the time.  Nevertheless, based on
the documentation submitted in support of his  appeal,  it  appears
that he has been a responsible citizen  and  productive  member  of
society since leaving the service.   Therefore,  while  we  do  not
condone the behavior which led to  his  discharge,  we  believe  an
upgrade of the characterization of  his  service  to  honorable  is
warranted on the basis of clemency.  Accordingly, we recommend that
his records be corrected as indicated below.

4.  With regard to his request to change his name in  his  records,
no evidence has been presented showing that the  name  he  enlisted
and served under was in error.  It appears that the  applicant  had
his name changed after his separation.  Therefore, we find no basis
upon which to favorably consider this portion of his request.

___________________________________________________________________

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

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-01045 in Executive Session  on  21  July  2005,  under  the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Albert C. Ellett, Member
      Mr. Jay H. Jordan, Member

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

     Exhibit A.  DD Form 149, dated 21 Mar 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 2 May 05.
     Exhibit D.  Letter, AFPC/DPFF, dated 20 Apr 05.
     Exhibit E.  Letter, SAF/MRBR, dated 13 May 05.
     Exhibit F.  Letter, AFBCMR, dated 2 Jun 05.
     Exhibit G.  Letter, Applicant’s wife, undated, w/atchs.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair




AFBCMR BC-2005-01045




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






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency