RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01438
            INDEX CODE: 106.00
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 Nov 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1955 undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Under current standards, he would not receive the type of discharge he
was given.  The charges against him were petty or minor offenses.   He
should have been allowed to finish out his last six months.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  29 Feb  52  for  a
period of four years.

On 4 Jun 54, the applicant pled guilty and was found guilty by summary
court-martial (SCM) of violating a lawful general  regulation,  on  or
about 15 May 54, by being at an  off  limits  establishment,  a  known
house of prostitution.  He was sentenced to reduction from  the  grade
of airman third class to airman basic, forfeiture of  $25.00  for  one
month, and restriction to the base for 20 days.

Documentation in the applicant’s military  records  indicated  he  was
forcibly removed from the mess hall on  29 Oct  54  and  charged  with
being drunk and disorderly.

On 8 Nov 54, he pled guilty and was found guilty by SCM of violating a
lawful general regulation on or about 7 Nov 54, by leaving the  limits
of Itazuke Air Station, Japan, without having in his possession  valid
written authorization.  He was sentenced to confinement at hard  labor
for 15 days and forfeiture of $50.00.

A  neuropsychiatric  consultation,  dated  19 Nov  54,  reported   the
applicant had been referred for evaluation  for  “having  disciplinary
difficulties  with  increasing  frequency  and  decision  as   to   an
administrative  discharge  is  being   considered.”    Diagnosis   was
emotional instability reaction.  Separation should  be  considered  if
the applicant’s antisocial behavior continued.

On 8 Jan 55, he was found guilty by SCM of being drunk and  disorderly
on station on or about 6 Jan 55.  He had pled  not  guilty.   Sentence
was confinement at hard labor for 30 days and forfeiture of $40.00.

On 14 Jan 55,  the  applicant  was  referred  to  the  dispensary  for
repeated minor offenses associated with bouts of  drinking  since  his
arrival at Itazuke Air Base around 1 Oct 54.  A Medical Board  Report,
dated 22 Feb 55, diagnosed the applicant  with  emotional  instability
reaction, chronic, moderate, stress mild, and that he was free of  any
mental or physical defect which would warrant  disability  separation.
Recommendation was that he  appear  before  a  board  of  officers  to
determine if he should be separated.

On 15 Mar 55, the applicant was notified a  board  of  officers  would
convene to determine if he should be separated or allowed to remain in
service.   The  board  convened  on  18 Mar  55  and  recommended  the
applicant be  discharged  with  an  undesirable  characterization  for
unfitness, and the discharge authority approved the discharge.

On 11 Jul 55, after 3 years, 2 months and 28 days of  active  service,
the applicant  was  discharged  in  the  grade  of  airman  basic  for
unfitness with an undesirable characterization.

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

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial because the discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation and  within  the  discharge  authority’s  discretion.   The
applicant has submitted no evidence of any error or injustice.

A complete copy of the HQ AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In a letter dated 8 Jun 06, the applicant indicates he began  drinking
when his squadron was transferred to Japan because they had  too  much
time on their hands.  His immaturity caused him to clash with the duty
officer.  He believes his actions only warranted a  severe  reprimand,
not a court-martial.  He had excellent ratings while in the Air  Force
and, since his discharge,  he  has  been  a  district  manager  for  a
national company for many years, married for 45 years and a father  to
two children.  He provided additional comments in a 12 Jun 06  letter,
indicating his troubles  began  after  he  was  transferred  to  Japan
because he was caught having sex with the  First  Sergeant’s  Japanese
girl friend.  As a result, he was picked out for extra duty more  than
any one else.  He  was  young  and  stupid  and  drank  too  much.  He
apologizes for his behavior.

Copies of the applicant’s two rebuttals are at Exhibit F.

A complete copy of the FBI Investigative Report was forwarded  to  the
applicant on 19 Jun 06 for review and comment within 14  days.   In  a
letter 20 Jun 06, the AFBCMR Staff invited  the  applicant  to  submit
post-service information within 14 days.  Both AFBCMR letters  are  at
Exhibit G.

The applicant addressed the FBI Report, indicating the incidents  were
the result of his drinking too much.  He adds that he was  a  salesman
and manager for a shoe company  for  many  years.   Later  he  changed
careers  and  became  a  cement  finisher  foreman.   He  provides   a
supporting statement from his pastor, and documents  relating  to  his
work history.

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

_________________________________________________________________

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 to  warrant  partial  relief.   No
evidence has been  presented  which  would  lead  us  to  believe  the
applicant’s undesirable discharge was  improper  or  contrary  to  the
directive  under  which  it  was  effected.  Further,  his  misconduct
continued for a period of time after his discharge.  Therefore, we  do
not believe his request for an honorable characterization  of  service
is supportable.  However, the  applicant’s  last  arrest  occurred  in
1968.  Since then he has been  a  law-biding  citizen  and  his  post-
service submission indicates he has overcome his drinking problem  and
become a contributing member of society.  We therefore  conclude  that
upgrading the applicant’s undesirable discharge to general,  based  on
clemency,  would  be  appropriate  and  recommended  his  records   be
corrected accordingly.

_________________________________________________________________

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 11 July  1955,
he  was  discharged  with  service  characterized  as  general  (under
honorable conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 13 September 2006 under the provisions of AFI 36-
2603:

                 Mr. Michael J. Maglio, Panel Chair
                 Mr. Gary G. Sauner, Member
                 Ms. Teri G. Spoutz, Member

All  members  voted  to  correct  the  records,  as  recommended.  The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2006-01438 was considered:

   Exhibit A.  DD Form 149, dated 6 May 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Investigative Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 22 May 06.
   Exhibit E.  Letter, SAF/MRBR, dated 26 May 06.
   Exhibit F.  Letters, Applicant, dated 8 & 12 Jun 06.
   Exhibit G.  Letters, AFBCMR, dated 19 & 20 Jun 06.
   Exhibit H.  Letter, Applicant, dated 25 Jun 06, w/atchs.



                                   MICHAEL J. MAGLIO
                                   Panel Chair

AFBCMR BC-2006-01438




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
11 July 1955, he was discharged with service characterized as general
(under honorable conditions).





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency