RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02694
      INDEX CODE:  110.02
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  30 DECEMBER 2006

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.

________________________________________________________________

APPLICANT CONTENDS THAT:

He had just turned 18 years old.  He was a kid at that time and had no  idea
what it meant to have that type of discharge.  He  would  gladly  serve  his
country today with honor.  He has not been in any trouble for 47  years  and
has been a good citizen.

In support  of  his  application,  the  applicant  submits  a  copy  of  his
separation document and his personal statement.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 31 December 1956, the applicant enlisted in the Regular Air Force at  the
age of 18 in the grade of airman basic (E-1) for a period of  4  years.   He
was progressively promoted to the grade of airman third class effective  and
with a date of rank of 14 March 1957.

On 5 June 1957, the applicant received an Article 15 and was reduced to  the
grade of airman basic for missing bed check.

He was absent without leave (AWOL) from 23-30 September 1957.  In a  summary
court-martial trial on 15 October 1957, he was charged and found  guilty  of
wrongfully tampering with an official line pass.  For this offense,  he  was
fined $20.00.

On 30 January 1958, he lost his SAC Restricted Area Badge.   On  31  January
1958, he was in violation of Article 92, UCMJ, (out of uniform).

On 3 March 1958, while assigned guard duty, he broke the  locks  of  4  crew
members’ lockers and stole government property.  In a summary  court-martial
trial on 4 March 1958, he was charged and found guilty of larceny.   He  was
confined to hard labor for 30 days and forfeited $55.00.

On 6 March 1958, the applicant’s commander notified the  applicant  that  he
was recommending the applicant be separated from the  Air  Force  under  the
provisions of AFR 39-17 because of unfitness.   The  applicant  acknowledged
receipt of notification,  waived  his  right  to  consult  counsel  and  his
entitlement to appear before the  board,  and  requested  discharge  without
benefit  of  board  proceedings.   The  discharge  authority  approved   the
recommended separation on 20 June 1958, and directed that the  applicant  be
discharged and issued an Undesirable Discharge certificate.

On 29 March 1958, the applicant  was  discharged  in  the  grade  of  airman
basic, under the provisions of AFR 39-17 for Unfitness.   He  had  served  1
year, 2 months and 6 days on active service with 8 days of lost time due  to
AWOL.

On 17 March 1959, the applicant submitted an application to  the  Air  Force
Discharge Review Board (AFRDB) requesting his discharge be upgraded so  that
he may enter active duty service.  The AFRDB determined  that  a  change  to
the type or nature of his discharge was not warranted.  On 2 December  1962,
the  applicant  submitted  an  application  to  the  AFDRB  requesting   his
undesirable discharge be upgraded to honorable.  The AFRDB concluded that  a
change to the type or nature of his discharge was not warranted.  The  AFDRB
Examiner’s briefs are at Exhibit B.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative report pertaining to the  former  member
(Identification Record No. 321105) (Exhibit F).

________________________________________________________________

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:

In response to our  request  for  post-service  information,  the  applicant
submitted a detailed  statement  explaining  his  reasons  for  wanting  his
discharge upgraded and provided a character reference letter (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.  Insufficient relevant evidence has been presented which would  lead  the
Board majority to believe that the applicant’s  discharge  was  improper  or
contrary to the provisions of the regulation under which  it  was  effected.
We  find  no  impropriety  in  the  characterization  of   the   applicant’s
discharge.  It appears that the responsible  officials  applied  appropriate
standards in effecting the  separation,  and  we  did  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.
Furthermore, based on the approximate 14 months’ time he  served  on  active
duty  and  the  limited  evidence  provided,  the  supporting  documentation
submitted is not of a sufficient quality and quantity  to  warrant  approval
of the requested relief.  In view of this fact and in the  absence  of  more
expansive evidence by the applicant attesting to a  successful  post-service
adjustment during the 48 years after his discharge from service, we are  not
inclined to extend clemency in this case.

________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of  error  or  injustice
and recommends the application be denied.

________________________________________________________________

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

                 Mr. James W. Russell III, Panel Chair
                 Ms. Debra Walker, Panel Member
                 Mr. Patrick C. Daugherty, Panel Member

By a majority vote, the  members  voted  to  deny  the  request.   Ms. Debra
Walker voted to correct the record and did not desire to submit  a  minority
report.  The following documentary evidence was  considered  in  AFBCMR  BC-
2005-02694:

      Exhibit A.  DD Form 149, dated 20 Aug 05 w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 9 Sep 05.
      Exhibit D.  Letters, SAF/MRBR, dated 16 Sep 05, and
                  AFBCMR, dated 27 Sep 05.
      Exhibit E.  Letter, Applicant, dated 6 Sep 05 w/Atch.
      Exhibit F.  FBI Report.




            JAMES W. RUSSELL III
            Panel Chair



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
      CORRECTION OF MILITARY RECORDS (AFBCMR)

FROM SAF/MRB

SUBJECT:  AFBCMR Case of

      After considering the evidence available for my review, I agree
with the minority member of the panel that the applicant’s request that
his undesirable discharge be upgraded to general should be granted.

      While the applicant’s undesirable discharge may have been
appropriate for the circumstances at the time, I note he has lived with
its adverse effects for more than 48 years.  Additionally, I note the
character reference letter from his former employer classifies him as
“extremely successful” and denotes his “exemplary conduct” for 21 years.

      Certainly I do not condone the behavior which led to the
applicant’s discharge.  Nevertheless, in view of the lapse of time and
the absence of any record of serious involvement with civil authorities
since his discharge, I believe it would be an injustice for him to
continue to suffer the adverse effects of the undesirable discharge and
it is my decision that his discharge be upgraded to general on the basis
of clemency.






                 JOE G. LINEBERGER
                 Director
                 Air Force Review Boards Agency

AFBCMR BC-2005-02694






MEMORANDUM FOR THE CHIEF OF STAFF

      Under the authority of Section 1552, Title 10, United States Code and
Air Force Instruction 3602603, and having assured compliance with the
provisions of the above regulations, the decision of the Air Force Board
for Correction of Military Records is announced, and it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that on 29 March 1958, he was
discharged with service characterized as general (under honorable
conditions).



                 JOE G. LINEBERGER
                 Director
                 Air Force Review Boards Agency