RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02521
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 February 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Relief from the reduction (to airman third class  from  airman  second
class) resulting from nonjudicial punishment he received on  25  April
1960.

_________________________________________________________________

APPLICANT CONTENDS THAT:

This was 45 years ago; that this should be enough punishment  to  live
with; and that the Board should reinstate his rank of A/2C.

In support of the appeal, applicant submits a Thirty-Year  Certificate
of Public Service from the New York Conference of Mayors and Municipal
Officers to publicly acknowledge his dedication and commitment to  his
community; and a Certificate of Appreciation for  maintaining  a  Walk
Nature Trail along the Susquehanna River.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 20 September 1956 for a
period of four years.

On 25 April 1960, applicant was notified that it was  the  commander’s
intention to impose punishment on  him  pursuant  to  Article  15  for
violating an order not to drive his privately owned  vehicle  on  base
for six months.  The applicant accepted  nonjudicial  punishment.   He
declined both a personal appearance and  the  opportunity  to  present
written material.  He did not appeal.  The base legal office found the
case file legally sufficient to support the discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFLSA/JAJM  recommends  denial.   At  the  time  of  the   applicant’s
nonjudicial punishment, the 1951 version of  the  Manual  for  Courts-
Martial (MCM) was in effect.  Paragraph 133 of the MCM (1951) sets out
the procedures for nonjudicial  punishment  in  the  Air  Force.   The
nonjudicial punishment complies with  all  required  procedures.   The
applicant waived his right to be  tried  by  court-martial  and  chose
instead to accept Article 15 proceedings, placing the determination of
guilt or innocence, as well as punishment in  his  commander’s  hands.
The commander had to weigh all the evidence before  him  to  make  the
decision and he imposed the punishment he believed appropriate for the
offense.  The applicant had an opportunity to appeal, as well  as  the
opportunity to request suspension, remission, and set aside, and chose
not to.

The  applicant  does  not  contest  the  finding  of  guilty  in   the
nonjudicial punishment, although he does state  he  was  punished  for
speeding on base during an alert (rather than for driving on base when
his driving privileges were suspended).  He is essentially asking  for
clemency based solely on the passage of time.

A complete copy of the evaluation is at Exhibit C.

AFPC/DPPPWB agrees with JAJM, and  state  the  demotion  action  taken
against the  applicant  was  procedurally  correct  and  there  is  no
evidence  there  were  any  irregularities  or  that  the   case   was
mishandled.

A copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant agrees with the findings.  During a base  alert  he  did
drive his vehicle when his driving privileges were suspended.  He  was
wrong and used bad judgment.  He accepted the Article 15.  He did  not
understand that he could do anything but accept it.

He is very proud to have served in the Air Force  and  would  like  to
know that he can do to have his rank restored.

Applicant's response 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.  After reviewing the records  and  evidence
submitted, the Board believes relief is  warranted  on  the  basis  of
clemency.  Based on the fact that this incident happened over 45 years
ago and  the applicant has been a productive  member  of  society,  we
believe  the  applicant’s  rank  of  airman  second  class  should  be
restored.  Accordingly, it is our opinion that the applicant’s records
should be corrected to the extent recommended below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he  was  promoted  to
the grade of airman second class (A2C) effective and with date of rank
of 1 December 1957.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 31 January 2006, under the provisions of AFI  36-
2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. Charlie E. Williams Jr., Member
              Mr. Vance E. Lineberger, Member

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

   Exhibit A.  DD Form 149, dated 5 Aug 05, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFLSA/JAJM, dated 2 Sep 05.
   Exhibit D.  Letter, AFPC/DPPPWB, dated 26 Sep 05.
   Exhibit E.  Letter, SAF/MRBR, dated 14 Oct 05.
   Exhibit F.  Applicant’s response, dated 5 Dec 05.




                                   CHARLENE M. BRADLEY
                                   Panel Chair








AFBCMR BC-2005-02521





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 he was promoted
to the grade of airman second class (A2C) effective and with date of
rank of 1 December 1957.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency