RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01239
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  15 OCTOBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (undesirable)  discharge  be
upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His wife continued to over use the checking account and bounce  checks
causing him to be counseled by the commander numerous times.

In support of the appeal, applicant submits a  personal  statement,  a
letter from the National Personnel Records Center, a copy  of  his  DD
Form 214’s, and three character references.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 3 November 1953 in  the
grade  of  airman  basic  for  a  period  of  four  years.    He   was
progressively  promoted  to  the  grade  of  airman  third  class   on
20 January 1954, airman second class on 1 December 1954, airman  first
class on 1 February 1956 and staff  sergeant  on  1  March  1957.   He
received one Airman Performance Report (APR) closing 5 March 1957,  in
which the overall evaluation was “Very Good.”   On  3 September  1957,
applicant was separated from the Air Force under the provisions of AFR
39-14, Convenience of the Government, with an honorable discharge.  He
served 5 years 1 month and 27 days on active  duty.   On  4  September
1957, he reenlisted for a period of six years.  Under this  enlistment
he received four Airman Performance Reports (APRs)  closing  31  March
1958, 18 December 1958, 15 March 1960 and 15 November 1960,  in  which
the overall evaluations were “A Good Airman,” “A Very Good Airman,” “A
Good Airman,” and “An Unsatisfactory  Airman.”   On  7 December  1960,
applicant was demoted to the grade of airman first  class  by  Article
15, UCMJ, for dishonorable failure to pay just debts.  Under  the  two
enlistments, applicant had served 8 years 7  months  and  18  days  on
active duty.

On 8 December 1960, applicant was notified by his  commander  that  he
was recommending discharge from the Air Force under the  provision  of
AFR 39-17 for  unfitness.   The  basis  for  this  recommendation  was
applicant had established a pattern showing  dishonorable  failure  to
pay just debts.  His failure to pay just  debts  within  the  past  15
months caused his creditors  to  contact  the  commander  on  numerous
occasions  which  resulted  in  many  man  hours  diverted  away  from
accomplishing  the  unit  mission.   Applicant  was  given   as   much
assistance as possible in planning a budget and writing letters to his
creditors requesting deferral payment privileges in order to help  him
rehabilitate his financial position; to no avail.

Applicant acknowledged receipt of the notification  of  discharge  and
waived his rights to a hearing before  a  board  of  officers  and  to
submit statements in his own behalf.  The discharge authority approved
the separation and directed that applicant be discharged with an under
other than honorable conditions (undesirable) discharge.

Applicant was separated from the Air Force on 24 February  1961  under
the provisions of AFR 39-17, Discharge of Airmen Because of Unfitness,
with an under other than honorable conditions (undesirable) discharge.
 He had served 8 years, 7 months and 18 days on active duty.

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states 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.
Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 April 2005, a copy of the Air Force evaluation was forwarded  to
the applicant for review and response within 30 days.  On 12 May 2005,
the applicant was invited to provide more  information  pertaining  to
his activities after leaving the service (Exhibit E).

Applicant provided additional documentation pertaining to his post
service activities as requested.

Applicant's  complete  response,  with  attachments,  is  attached  at
Exhibit F.

_________________________________________________________________

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.    We find no impropriety in the  characterization  of  applicant's
discharge.  It appears that responsible officials applied  appropriate
standards in effecting the separation, and we do not  find  persuasive
evidence that pertinent regulations were violated  or  that  applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.  Considered alone, we conclude  the  discharge  proceedings
were proper and characterization of the discharge was  appropriate  to
the existing circumstances.

4.    Consideration of this Board, however,  is  not  limited  to  the
events which precipitated the  discharge.   We  have  a  Congressional
mandate  which  permits  consideration   of   other   factors;   e.g.,
applicant's background, the overall  quality  of  service,  and  post-
service activities and accomplishments.   Further,  we  may  base  our
decision on matters of inequity and clemency  rather  than  simply  on
whether rules and regulations which existed at the time were followed.
 This is a much broader consideration than officials involved  in  the
discharge were permitted, and our decision in no  way  discredits  the
validity of theirs.

5.    Under our broader mandate and after careful consideration of all
the facts and circumstances of applicant's case, we are persuaded that
applicant  has  overcome  the  behavioral  traits  which  led  to  the
contested discharge and has been a productive member of  society.   We
recognize the adverse impact of the discharge applicant received; and,
while it may have been appropriate at the time, we believe it would be
an  injustice  for  applicant  to  continue  to  suffer  its  effects.
Accordingly, we find that corrective action is appropriate as a matter
of equity and on the basis of clemency.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 24  February  1961,
he was honorably  discharged  and  furnished  an  Honorable  Discharge
Certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 12 July 2005, under the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Frederick R. Beaman III, Member
                 Ms. Dorothy P. Loeb, Member

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

      Exhibit A. DD Form 149, dated 18 Mar 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 27 Apr 05.
      Exhibit E. Letters, SAF/MRBR and AFBCMR, dated 29 Apr 05
                       and 12 May 05.
      Exhibit F. Applicant’s Response, w/atchs.




                                THOMAS S. MARKIEWICZ
                                Chair







AFBCMR BC-2005-01239





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 24
February 1961, he was honorably discharged and furnished an
Honorable Discharge certificate.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency