RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01435
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY COMPLETION DATE 07 NOV 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and did not realize what he was doing.   He  has  grandchildren
in the Navy and the Army, but none in the Air Force.

In support of his appeal, he submits a copy of his DD Form 214, Certificate
of Release or Discharge from Active Duty.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  14 January 1948  in  the
grade of private for a period of three years.

On 28 Aug 50,  applicant  was  convicted  by  civil  authorities  for  drunk
driving and driving without a driver’s permit, on or about  2  Aug  50.   At
trial, applicant pleaded guilty and was sentenced  $130  fine  or  165  days
confinement.  Applicant paid the fine and the remainder of the sentence  was
suspended on 17 Aug 50.

On 30 Aug 50, applicant submitted a request for dependency  discharge  under
the provisions of AFR 39-13.

On that  same  date,  applicant’s  commander  recommended  approval  of  his
request and noted that  the  applicant  was  not  in  confinement  or  under
charges.  On 10 Nov 50, the discharge authority  approved  his  request  for
discharge.

On 17 November 1950, applicant was discharged under the  provisions  of  AFR
39-13, Enlisted Personnel-Discharge-Dependency or Hardship, with  a  general
(under honorable conditions) discharge.  He was credited  with  2  years,  9
months and 20 days of active duty service (excludes 15 days of lost time).

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 8  June  2006,  that,  on  the  basis  of  data
furnished, they are unable to locate an arrest record (Exhibit E).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial. The  applicant  submitted  a  request  to  his
commanding officer requesting separation under the provisions of  AFR  39-13
for  dependency.  The  applicant’s  commanding   officer   interviewed   the
applicant and he disclosed  that  hardships  had  arisen  at  home  and  the
monthly contribution from his pay had been inadequate  to  provide  for  his
family. The commander thought the applicant should be returned  to  civilian
life in order to alleviate undesirable  conditions  existing  at  home.  The
discharge authority approved  the  separation  and  applicant  was  given  a
general discharge.

DPPRS states based on the documentation on  file  in  the  master  personnel
records, the discharge was consistent with  requirements  of  the  discharge
regulation and was within the discretion of the discharge authority.

AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  21
July 2006 for review and comment within  30  days.   As  of  this  date,  no
response has been received by this office (Exhibit D).

_________________________________________________________________

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 error or injustice.   The  applicant  has  requested  that  his
general discharge be upgraded to honorable.  After careful consideration  of
the evidence of record, we found no  evidence  that  the  actions  taken  to
effect  the  applicant’s  discharge  were  improper  or  contrary   to   the
provisions  of  the  governing  regulations  in  effect  at  the   time   of
separation.   The  Board  noted  the  applicant  was  convicted   by   civil
authorities for drunk driving and driving without a  permit  and  was  fined
$130 with confinement.  At that same time,  applicant  requested  separation
based on hardship, due to his  mother  experiencing  financial  difficulties
after the death of his father.  Applicant’s commander approved his  request;
however, recommended  a  general  (under  honorable  conditions)  discharge.
Nevertheless, in view of the absence of any derogatory  information  on  the
FBI Report, his otherwise honorable service, and  since  its  been  over  50
years  since  his  separation,  we  believe   that   an   upgrade   of   the
characterization of his discharge to fully honorable  is  warranted  on  the
basis of clemency.  Accordingly, we 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 APPLICANT,  be  corrected  to  show  that  on  17 November 1950,  he  was
honorably discharged and furnished an Honorable Discharge Certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
01435 in Executive Session on 6 September 2006, under the provisions of  AFI
36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Patricia J. Zarodkiewicz, Member
      Ms. Dorothy P. Loeb, Member

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

     Exhibit A.  DD Form 149, dated 1 Jul 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 17 Jul 06, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Jul 06.
     Exhibit E.  FBI Report.




                                   THOMAS S. MARKIEWICZ
                                   Chair

AFBCMR BC-2006-01435




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 XXXXXXX, XXXXXXX, be corrected to show that on
17 November 1950, he was honorably discharged and furnished an Honorable
Discharge Certificate.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency