RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02144
      INDEX CODE:  110.02

      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  10 NOVEMBER 2006

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He has spent 52 years trying to  live  a  good  life  serving  God  and  his
community to over come a mistake he made  as  a  young  man.   He  is  truly
sorry.

In support  of  his  application,  the  applicant  submits  a  copy  of  his
application for the Review of Discharge from the Armed Forces of the  United
States.  The  applicant’s  complete  submission,  with  attachments,  is  at
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records are  incomplete.   There  was  no
discharge case file in the  applicant’s  military  personnel  records.   The
following information was extracted from the remaining documentation in  the
record.

On 14 October 1950, the applicant enlisted in the Air Force at  the  age  of
19 in the grade of Private for a period of 4 years.  He was promoted to  the
grade of airman third class, effective  and  with  a  date  of  rank  of  27
September 1951.  His service record indicates he was  rated  “excellent”  in
both character and efficiency on 28  November  1950.   There  are  no  other
reports.

On 21 January 1952, he  was  tried  and  convicted  by  a  civil  court  for
“driving  under  the  influence  of  liquor  accident  resulting.”   He  was
sentenced to 30 days in the County Jail (suspended) and fined $100.00.

On 21 May 1952, discharge proceedings  were  initiated  against  the  former
member under the provisions of AFR 39-22 (Conviction by a Civil Court).   On
24  May  1952,  the  former  member  was  discharged  with  an   undesirable
discharge.  He was credited with 1 year, 7 months and 10 days’ total  active
service.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished (Exhibit D).

________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  indicates  the  discharge   was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation,  and  was  within  the  discretion  of  the  discharge
authority.   Additionally,  the  applicant  did  not  submit  any  evidence,
identify  any  errors  or  injustices  that  occurred   in   the   discharge
processing, or provide any facts warranting a change  to  his  character  of
service.

HQ AFPC/DPPRS evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the advisory opinion was forwarded to  the  applicant  for  review
and comment on 16 August 2005.  In his response dated 23  August  2005,  the
applicant submitted a detailed account of his post-service activities and  a
support letter from his spouse (Exhibit E).

________________________________________________________________

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.  Even  though  the  applicant  has
provided no evidence to show that his  discharge  was  improper  or  not  in
compliance with appropriate directives, it is our opinion that  approval  of
some relief is warranted in this case.  It appears likely that he has led  a
stable and productive life and it appears that there is no evidence that  he
has had any subsequent serious involvement of a derogatory nature since  his
separation from the Air Force.  In light of the above, we  believe  that  it
would be an injustice for him to continue to suffer the adverse  effects  of
an undesirable discharge.  Therefore on the basis of  clemency,  we  believe
an upgrade of his discharge  to  general  (under  honorable  conditions)  is
warranted.  His request for upgrade to honorable  was  considered;  however,
in the absence of evidence by the applicant other than  his  own  statements
pertaining to the quality  of  his  service,  the  facts  and  circumstances
surrounding his separation, or his activities since leaving the service,  we
do not believe that an upgrade to a fully honorable discharge is  warranted.
 Accordingly, we recommend  that  his  records  be  corrected  as  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 24  May  1952  he  was  discharged
with service characterized as general (under honorable conditions).

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 21 February 2006, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Glenda H. Scheiner, Panel Member
                 Mr. Patrick C. Daugherty, Panel Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-02144.

      Exhibit A.  DD Form 149, undated w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 28 Jul 05.
      Exhibit D.  Letters, SAF/MRBR, dated 5 Aug 05; and
                 AFBCMR, dated 16 Aug 05.
      Exhibit E.  Applicant’s Letter, dated 23 Aug 05.





                                        RICHARD A. PETERSON
                                        Panel Chair


      AFBCMR BC-2005-02144








      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  May
      1952, he was discharged with service characterized as general (under
      honorable conditions).








                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Boards Agency