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AF | BCMR | CY2006 | BC-1992-01879A
Original file (BC-1992-01879A.doc) Auto-classification: Approved



                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-1992-01879
                                             INDEX CODE 106.00
                                             COUNSEL:  None

                                             HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request  for  reconsideration,  he  asks  that  his  1953
undesirable discharge be upgraded to honorable.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military records were almost totally destroyed in  the  1973
fire at the National Personnel Records Center  (NPRC).   The  following  was
extracted from the few existing documents.

The applicant enlisted in the Army  on  28 Feb  47,  served  as  a  military
policeman, and was honorably discharged  on  21 Jan  50,  in  the  grade  of
private, after 2 years, 10 months,  and  23  days  of  active  service.   He
received the Japanese Occupation Medal and the World War II Victory Medal.

On 6 Jul 51, the applicant enlisted in the Air Force.  According to  his  DD
Form 214, the applicant was separated with an  undesirable  discharge  under
the provisions of AFR 39-17 (reason unknown) on 13 Oct 53, in the  grade  of
airman basic after 1 year, 8 months, and 18 days of active service.  He  had
200 days of lost time.  The records  provide  no  further  details.   [Note:
Today,  an  undesirable  discharge  would  equate  to  an  under-other-than-
honorable-conditions (UOTHC) discharge.]

On 18 Nov 92, the Board denied the  applicant’s  request  for  an  honorable
discharge on the basis of untimeliness.  For an accounting of the facts  and
circumstances surrounding the applicant’s separation and  the  rationale  of
the earlier decision by the Board, see the Record of Proceedings at  Exhibit
E.

In his request for reconsideration, the applicant contends,  as  he  did  in
his original appeal, that he had a drinking problem  and  got  into  fights,
was court-martialed, and sentenced to  six  months  confinement  and  a  bad
conduct discharge (BCD).  His discharge was set aside on appeal.  He  claims
he has no idea why he  was  separated  with  an  undesirable  discharge.  In
support, the applicant provides numerous newspaper articles  describing  his
volunteer activities in the community, politics, environmental issues,  fund
raising, etc.  According to the articles, the applicant is a  retired  paper
mill worker.  The applicant’s complete submission is at Exhibit F.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Washington, D.C., provided an investigative  report  which  is  attached  at
Exhibit G.

On 30 Nov 05, a copy of the FBI Report was forwarded to  the  applicant  for
review and/or comment.  The applicant responded, indicating  he  regrets  he
was “so stupid” when he was young and had a drinking problem.   He  provides
character references from the Sheriff of Floyd County,  GA,  and  a  Baptist
pastor, along with other documents.   As  for  the  first  driving-under-the
influence (DUI) incident on the FBI Report, he  spent  four  hours  in  jail
sobering up after his birthday party.  He contends he paid  a  fine  on  the
second DUI incident and did not spend time in jail.

The applicant’s response, with attachments, is at Exhibit I.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to   demonstrate   the
existence of error or injustice to warrant partial relief.  The  applicant’s
military  records  were  destroyed  in  the   1973   fire   at   the   NPRC.
Consequently, we are unable to determine with  certainty  the  circumstances
of his separation and confirm whether events occurred as  he  alleged.   The
applicant advised he had a drinking problem  which,  according  to  the  FBI
Report, apparently continued for 24  years  after  his  separation.   As  we
cannot  verify  the  conditions  surrounding  the  applicant’s   Air   Force
discharge and since his performance during his brief career in that  service
was unsatisfactory, we are reluctant to upgrade the characterization of  his
service to fully honorable.  However, the applicant served honorably in  the
Army from 1947-1950 and, following the 1977 incidents  in  the  FBI  report,
appears to have become a rehabilitated and active  member  of  society.   We
believe upgrading the applicant’s  Air  Force  service  characterization  to
general (under honorable conditions) would be  a  suitable  compromise.   We
therefore recommend  the  applicant’s  records  be  corrected  as  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to the APPLICANT be corrected to show  that,  on  13 October  1953,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

_________________________________________________________________

The following members of the Board considered this application in Executive
Session on 26 January 2006, under the provisions of AFI 36-2603:

                                  Mr. Richard A. Peterson, Panel Chair
                                  Ms. Patricia R. Collins, Member
                                  Ms. LeLoy W. Cottrell, Member

All members voted to correct the records,  as  recommended.   The  following
documentary  evidence  pertaining   to   AFBCMR   No.   BC-1992-01879,   was
considered:

   Exhibit E.  Record of Proceedings, dated 18 Nov 92, w/atchs.
   Exhibit F.  DD Form 293, dated 24 Sep 05, w/atchs.
   Exhibit G.  FBI Report.
   Exhibit H.  Letter, AFBCMR, dated 30 Nov 05.
   Exhibit I.  Letter, Applicant, undated (received 16 Dec 05),
                                         w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair


AFBCMR BC-1992-01879




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         , be corrected to show that, on 13 October 1953, he was
discharged with service characterized as general (under honorable
conditions).




                                             JOE G. LINEBERGER
                                             Director
                                             Air Force Review Boards Agency

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