RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02431
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  05 FEB 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded.  He is 72 years of age,  was  abused  all
of his life, and found himself in a situation he didn’t know how  to  handle
at 21 years of age.  He further  indicates  he  signed  discharge  documents
under duress.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 3 July 1951 in the  grade  of
private for a period of four (4) years.

On 19 February 1952, the applicant was convicted by a summary  court-martial
for the following offense:

Charge:  Violation of the Uniform Code of Military Justice, Article 121.

Specification:  The applicant did on or about 27  December  1951  to  on  or
about 11 January 1952, steal two field jackets, one field jacket  hood,  and
one wallet.

The applicant was found guilty of the  specification  and  charge.   He  was
sentenced to a reduction in grade from private first class to private,  hard
labor for one month and a forfeiture of $50.00.



On 14 January 1954, the applicant was convicted by a  summary  court-martial
for the following offense:

Charge:  Violation of the Uniform Code of Military Justice, Article 111.

Specification:  The applicant did  at  Saint  John’s,  Newfoundland,  on  or
about 2 January 1954, at the intersection of  Water  Street  and  Springdale
Street, operate a vehicle, to wit:  a passenger car, while drunk.

The applicant was found guilty of the  specification  and  charge.   He  was
sentenced to restriction to the limits of Pepperrell Air Force Base  for  30
days and a forfeiture of $30.00.

On 5 April 1954, the applicant requested  discharge  for  hardship  reasons.
The request was made so that he could operate his father’s farm.   His  case
did not involve financial duress.  However, due to the poor  health  of  his
parent’s conditions which had been  aggravated  to  an  excessive  degree  -
means  of  alleviation  were  not  readily  available  other  than  by   his
separation from the Air Force.

On 13 April  1954,  the  commander  approved  the  applicant’s  request  for
discharge due to hardship reasons.

On 20  April  1954,  the  Assistant  Adjutant,  recommended  denial  of  the
applicant’s request for a hardship discharge.  She indicated  the  applicant
was interviewed by the Base Personal Affairs Officer  to  determine  whether
any assistance could be rendered through the  Personal  Affairs  Program  to
alleviate the applicant’s hardship.   It  was  determined  by  the  Personal
Affairs Officer that no assistance be  offered  through  this  program  that
would lessen the hardship.

On 3 May 1954, the applicant’s request for discharge  for  hardship  reasons
was denied.  It was indicated the applicant did not meet  the  prerequisites
for the discharge as required by AFR 39-13 and that undue hardship  did  not
exist.  Evidence submitted revealed that conditions submitted as  basis  for
the discharge  existed  prior  to  the  applicant’s  enlistment.   Financial
duress was not apparent and every effort  should  have  been  made  to  hire
competent help.

On 10 May 1954, the applicant was convicted by a summary  court-martial  for
the following offense:

Charge I:  Violation of the Uniform Code of Military Justice, Article 128.

Specification:  The applicant did on or  about  25  April  1954,  commit  an
assault upon another airman by striking at him with a knife.

Charge II:  Violation of the Uniform Code of Military Justice, Article 134.

Specification:  The applicant did on or about 26 April 1954, fail to  go  at
the time prescribed to his appointed place of duty, to wit:   Hanger  Number
3, Torbay Airport, Pepperrell Air Force Base, Saint John’s, Newfoundland.

The applicant was found guilty of the specification  and  charges.   He  was
sentenced to a reduction in grade from airman second class to airman  basic,
confinement at hard labor for 30 days, and a forfeiture of $60.00.  Only  so
much of the sentence which provided for confinement at  hard  labor  for  16
days and forfeiture of $60.00 was approved and ordered executed.

A Medical Evaluation, dated 10 May 1954, indicated the  applicant  was  able
to distinguish right from wrong and to adhere to the right.   There  was  no
mental or physical defect which would have warranted action under  AFM  35-4
or precluded him for consideration for an administrative separation.

On 25 May 1954, after consulting with counsel,  the  applicant  submitted  a
request for discharge.

On 26 May 1954, the commander indicated in his recommendation for  discharge
action that numerous efforts had been made  to  place  the  applicant  in  a
suitable job, i.e., passenger service, air terminal and  air  freight.   His
attitude had always been that “everyone was picking on him,”  when  actually
every break had been given to him.  He was constantly late for work,  saying
he was sick; however, he had never gone on sick call.   Numerous  times  the
applicant had reported for work  under  the  influence  of  alcohol.   Under
these circumstances it was  believed  that  in  the  best  interest  of  the
service the applicant should be discharged from the Air Force.

The discharge authority approved the applicant’s discharge.

The applicant was discharged on 1 July 1954, in the grade  of  airman  basic
with  an  undesirable  discharge,  under  the  provisions   of   AFR   39-17
(Unfitness).  He served 2 years, 9  months,  and  10 days  of  total  active
military service.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, provided an Investigative  Report,  which  is  at
Exhibit C.

_________________________________________________________________





AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating 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.   The
applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the discharge processing.  He provided no facts  warranting
a change to his character of service.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated he  was  abused  all  of
his life and at 18 years old ran away from home to join the Air  Force.   He
further indicates he has made stupid mistakes and has  paid  for  them  with
the stigma and humiliation for the past 51 years.

The applicant’s response is at Exhibit F.

On 24 August 2005, the Board staff requested  the  applicant  provide  post-
service  documentation  within  20  days  (Exhibit  G).    The   applicant’s
response, with attachments, is at Exhibit H.

On 7 September 2005, a copy of the FBI Investigation was  forwarded  to  the
applicant  for  review  and  response  within  20  days  (Exhibit  I).   The
applicant’s response is at Exhibit J.

_________________________________________________________________

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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice warranting  the  applicant’s  undesirable
discharge be  upgraded  to  an  honorable  discharge.   The  Board  believes
responsible  officials  applied  appropriate  standards  in  effecting   the
separation, and the Board does not find persuasive evidence  that  pertinent
regulations were violated or that the applicant was  not  afforded  all  the
rights to which entitled at  the  time  of  discharge.   Therefore,  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

4.    Although the applicant  did  not  specifically  request  consideration
based  on  clemency,  we  also  find  insufficient  evidence  to  warrant  a
recommendation the discharge be upgraded on that basis.   In  this  respect,
we note the applicant’s continued misconduct following his discharge.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and the application will only be reconsidered upon  the
submission of newly discovered relevant evidence not  considered  with  this
application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
02431 in Executive Session on 3 November 2005, under the provisions  of  AFI
36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Sue A. Lumpkins, Member
                 Mr. James L. Sommer, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 July 2005.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 11 August 2005.
   Exhibit E.  Letter, SAF/MRBR, dated 12 August 2005.
   Exhibit F.  Letter, Applicant, dated 15 August 2005.
   Exhibit G.  Letter, AFBCMR, dated 24 August 2005.
   Exhibit H.  Letter, Applicant, dated 6 September 2005,
                 w/atchs.
   Exhibit I.  Letter, AFBCMR, dated 7 September 2005, w/atch.
   Exhibit J.  Letter, Applicant, dated 20 September 2004 [sic].




                       RICHARD A. PETERSON
                       Panel Chair