RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02245
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 JANUARY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given a general discharge  for  a  minor  violation--unable  to
report for duty.  He had honorable service until that time.  He had an
excellent work record and  dedication  to  the  community,  state  and
nation since  his  discharge  from  active  duty.   He  has  earned  a
Bachelor’s Degree in business.  He has been a model citizen since  his
discharge from the service.  He has held numerous successful jobs  and
graduated from Rochester Institute of Technology at 55 years  of  age.
He had no legal problems and volunteers for numerous local  and  civic
organizations.

It troubles him deeply that he does not have an  honorable  discharge.
He served for over a year after the incident with no further problems,
only to get a general discharge instead of an honorable discharge.  He
respectfully requests  that  his  discharge  be  upgraded  to  a  full
honorable discharge.

In support of the appeal, applicant submits a copy of his DD Form 214,
two  thank  you  cards,  six  character  references,   a   letter   of
congratulations, and three certificates.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 December 1949 in  the
grade of airman basic for a period  of  four  years.   On  25 December
1951, applicant was  reduced  from  private  first  class  to  private
(conduct and attitude).  On 21 January 1952, applicant  was  convicted
by Summary Court-Martial for operating a vehicle while drunk and found
drunk while on duty as an ambulance driver for  the  base  dispensary.
On 2 May 1952, applicant was convicted by  Summary  Court-Martial  for
leaving his appointed place of duty without proper authority.   On  31
December 1952, applicant was convicted by  Special  Court-Martial  for
purchasing a wrist watch from the Air Force Exchange for  the  purpose
of reselling.

On 13 August 1953, applicant signed a statement indicating he did  not
intend to reenlist in the United  States  Air  Force  and  he  desired
separation at the earliest possible date.

On 24 September 1953, applicant signed a statement “Early Release  for
Airmen Returning from Overseas,” stating he  understood  he  had  less
than six months to serve on  his  current  enlistment  in  the  United
States Air Force and indicating he wanted to be  discharged  from  the
United States Air Force.

Applicant was separated from the Air Force on 26  September  1953  for
convenience of the  government  with  an  under  honorable  conditions
(general) discharge.  He served 3 years,  8  months  and  21  days  on
active duty.  Applicant’s DD Form 214, Report of Separation  from  the
Armed Forces of the United States, reflects 30 days time lost.

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.

AFR 39-10, Enlisted Personnel - Discharge-Expiration of Enlistment  or
Required Service and General Provisions, stipulated that the following
requirements are required for an individual to  receive  an  honorable
discharge:  (1) Does not have a record of time lost during the current
enlistment.  (2) Has not been convicted by court-martial of  any  type
during the current enlistment.  (3) Has not been reduced in grade  for
misconduct or inefficiency.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 August 2005, a copy of the Air Force evaluation was forwarded  to
the applicant for review and response within 30 days.   On  18  August
2005, the applicant was invited to  provide  more  expansive  evidence
pertaining to his post-service activities (Exhibit E).

Applicant provided a statement, dated 9 August  2005,  saying  no  one
asked him if he wanted to reenlist.  He did not go see anyone  because
he was afraid they would not listen to him.  Had he thought  he  could
reenlist he would have done so.  Shame is what he has been living with
all these years.

On 8 and 14 September 2005, applicant  provided  additional  character
references.

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice.  Although no  evidence  has  been  provided
which would lead us to believe the applicant’s discharge was  improper
at  the  time  it  was  effected,  we  believe  evidence  supports   a
recommendation for relief based on 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 injusticie 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, we are of the opinion  that
upgrading the applicant’s discharge to  honorable  based  on  clemency
would be  appropriate.   Accordingly,  we  recommend  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 26 September  1953,
he was honorably  discharged  and  furnished  an  Honorable  Discharge
certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 18 October 2005, under the provisions of AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Ms. Renee M. Collier, Member
              Mr. Richard K. Hartley, Member

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

   Exhibit A.  DD Form 149, dated 13 Jul 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 1 Aug 05.
   Exhibit E.  Letters, SAF/MRBR and AFBCMR, dated 5 Aug 05 and
               18 Aug 05.
   Exhibit F.  Applicant’s Response, dated 9 Aug 05, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair




AFBCMR BC-2005-02245




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 26
September 1953, he was honorably discharged and furnished an
Honorable Discharge certificate.








   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency