RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-02356
            INDEX CODE:  110.00
      XXXXXXXXXXXXXXXX)      COUNSEL:  NONE
            HEARING DESIRED:  Not Indicated
MANDATORY CASE COMPLETION DATE: 25 Feb 08
______________________________________________________________

APPLICANT REQUESTS THAT:

Her father's under other than  honorable  conditions  (UOTHC)  discharge  be
upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her father was a good person, served his country  with  pride,  and  had  to
leave due to circumstances beyond his control.  Although this  is  something
he never would have asked for, she thinks he deserves it.

In  support  of  her  request,  applicant  provided  a  personal  statement,
supporting statements from her sister, an associate of her fathers,  a  copy
of his DD Form 214 and death certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

The former member entered the Regular Air Force on 30 Jun 54  in  the  grade
of Second Lieutenant.  On 17 Feb 61, his commander preferred  General  Court
Martial charges against the former  member  under  the  provisions  of  MCM,
1951, paragraphs 32 and 33.  The specific reasons for this action  were  ten
returned  checks,  from  seven  different   business   establishments,   for
insufficient funds amounting to  $332.45.   On  15  Mar  61,  the  applicant
tendered his resignation for the good of the service.  On  28  Mar  61,  the
commander  recommended  the  resignation  be  approved  due  to  the  former
member’s handling  of  his  financial  responsibilities.   His  request  was
approved and he was separated on 8 May 61.  He served 8 years and  2  months
on active duty.

Pursuant to the request of the Board on 2 Oct  06,  the  Federal  Bureau  of
Investigation, Clarksburg, WV, indicated on 10 Oct 06, that,  on  the  basis
of data furnished, they are unable to locate an arrest record (Exhibit B).
_________________________________________________________________
AIR FORCE EVALUATION:

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

The DPPRS complete 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 22  Sep
06 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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 to demonstrate  the
existence of error or injustice.   We  took  notice  of  the  applicant's
complete submission in judging the  merits  of  the  case;  however,  the
majority of the Board agrees with the opinion and recommendation  of  the
Air Force office of primary responsibility and adopts  its  rationale  as
the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  Therefore, in the absence of evidence  to  the
contrary, the  majority  of  the  Board  finds  no  compelling  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

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

The following members of the Board considered Docket Number
BC-2006-02356 in Executive Session on 14 Nov 06, under the provisions  of
AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Mary C. Puckett, Member
      Ms. Kathleen F. Graham, Member
By a majority vote, the Board voted to  deny  applicant’s  request.   Ms.
Graham voted to grant the applicant’s requests  but  did  not  desire  to
submit  a  minority  report.   The  following  documentary  evidence  was
considered pertaining to Docket Number
BC-2006-02356:

    Exhibit A.  DD Form 149, dated 25 Jul 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 25 Aug 06.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Sep 06.




                                   LAURENCE M. GRONER
                                   Panel Chair

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

FROM:  SAF/MRB

SUBJECT:  AFBCMR Application of XXXXXXXXXXX

          After carefully reviewing the rationale of both the majority of
the Board and minority member, I disagree with the majority’s
recommendation to deny the applicant’s request to grant him an honorable
discharge.  Rather, I agree with the minority member and direct we grant
an honorable discharge on the basis of clemency given the fact that the
offenses were somewhat minor and he carried the stigma of the UOTHC
discharge over 44 years with all of its negative aspects on gainful
employment.  Nevertheless, as evidenced by the character references
submitted and the absence of a record of involvement with civil
authorities, he was a law-abiding citizen through his death.  Although we
do not condone the deceased member’s actions which led to the UOTHC, we
do not believe any useful purpose is served to the Air Force or to
society in general by maintaining the unfavorable character of discharge.
 Therefore, I direct that his record be corrected to show he was
honorably discharged as a matter of clemency.




                       JOE G. LINEBERGER
                       Director

                       Air Force Review Boards Agency


AFBCMR BC-2006-02356

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
XXXXXXXXXXX, XXXXXXX, be corrected to show that on 12 May 61 he was
honorably discharged and furnished an Honorable Discharge
certificate.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency