RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBERS:  BC-2006-03725
                                       INDEX CODE:  126.04
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

                                             HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and foolish between the ages of 17-21 and did not  realize  the
decision he was making in accepting a general discharge.  He claims  he  was
a frustrated and scared young man and just wanted out of the military.

In support of his request, the applicant submits a personal  statement,  and
copies of his DD Form 214, Armed Forces  of  the  United  States  Report  of
Transfer or Discharge; Veterans Administration Certificate  of  Eligibility;
and United States Armed Forces Institute completion certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 30 September 1954, the applicant enlisted in the  Regular  Air  Force  at
the age of 17 in the grade of airman  basic  (E-1)  for  a  period  of  four
years.  He was progressively promoted to the grade of  airman  second  class
(E-3) with a date of rank of 1 June 1957.

On 13 March 1956, the applicant was tried by Special Court-Martial  for  two
specifications of  making  himself  absent  from  his  organization  without
proper authority.  The applicant pled guilty to both specifications and  was
subsequently found guilty by the special court-martial.  His punishment  was
confinement at hard labor for three months and forfeiture of $52 of pay  per
month for three months.

On 15 November 1957,  the  applicant  received  Article  15  punishment  for
leaving his duties as a  kitchen  police  in  order  to  go  to  sick  call;
however, instead of reporting to sick call, he  went  to  his  barracks  and
went to bed.  His punishment consisted  of  reduction  in  grade  to  airmen
third class (E-2).

On 19 May 1958, the applicant received Article 15 punishment for  wrongfully
and without authority wearing upon his uniform the insignia of the grade  of
airman second class.  His punishment consisted of reduction to the grade  of
airman basic (E-1).

On  3  June  1958,  his  commander  notified  the  applicant  that  he   was
recommending him for a general discharge under the  Department  of  the  Air
Force Letter, Subject:  Discharge of Unproductive Airmen, dated  1  December
1955, and Air Force  Regulation  39-16,  for  his  apathetic  and  defective
attitudes toward service life and his job, and his inability to  expend  the
necessary effort to make himself a productive airman.  On 4 June  1958,  the
applicant chose not to  submit  a  rebuttal  and  expressed  desire  for  an
immediate discharge.   The  discharge  authority  approved  the  recommended
separation and directed that the applicant be discharged  without  probation
and rehabilitation.  The applicant was  discharged  effective  4  June  1958
with a general (under honorable  conditions)  characterization  of  service.
He had served 3 years and 14 days on active duty.

The applicant submitted a similar appeal, which was  considered  and  denied
by the Board on 10 September 1975.  For  an  accounting  of  the  facts  and
circumstances surrounding the rationale for  the  earlier  decision  by  the
Board, see the Record of Proceedings at Exhibit B.

Pursuant to the Board’s request, the FBI indicated that on the basis of  the
data furnished, they were unable to locate an arrest  record  pertaining  to
the applicant.

On 6 March 2007, the applicant was given the opportunity to submit  comments
about his post service  activities  (Exhibit  D).   He  responded  with  two
letters of character reference which are at Exhibit E.

___________________________________________________________________

AIR FORCE EVALUATION:

No Air Force advisory opinion provided (See Exhibit C).

_________________________________________________________________

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.  The  Board  finds  no  impropriety  in  the  characterization   of   the
applicant’s  discharge.   It  appears  that  responsible  officials  applied
appropriate standards in effecting  the  separation,  and  we  do  not  find
persuasive  evidence  that  pertinent  regulations  were  violated  or  that
applicant was not afforded all the rights to which he was  entitled  at  the
time of discharge.  Considered alone, we conclude the discharge  proceedings
were proper and characterization of the discharge  was  appropriate  to  the
existing circumstances.

4.  Consideration of this Board; however,  is  not  limited  to  the  events
which precipitated the discharge.  We have  a  Congressional  mandate  which
permits consideration of other factors; e.g.,  applicant’s  background,  the
overall   quality   of   service,   and    post-service    activities    and
accomplishments.  Further, we may base our decision  on  matters  of  equity
and clemency rather than simply  on  whether  rules  and  regulations  which
existed at the time were followed.  This is much broader consideration  than
officials involved in the discharge were permitted, and our decision  in  no
way discredits the validity of theirs.

5.  Under our broader mandate and after careful  consideration  of  all  the
facts and circumstances of the applicant’s  case,  the  Board  is  persuaded
that he has been a productive member of society since leaving  the  service.
In view of this, we believe it would be an injustice for him to continue  to
suffer the adverse effects of the discharge  he  received  almost  49  years
ago.  Therefore, we believe  an  upgrade  of  the  characterization  of  his
service to honorable is warranted on the basis of clemency.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 4 June  1958,  he  was  discharged
with service characterized as  honorable  and  was  furnished  an  Honorable
Discharge certificate.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 17 April 2007, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Ms. Rita J. Maldonado, Member



All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2006-03725 was considered:

     Exhibit A.  DD Form 149, dated 8 Nov 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, SAF/MRBR, dated 11 Dec 06.
     Exhibit D.  Letter, SAF/MRBC, dated 6 Mar 07, w/atch.
     Exhibit F.  Applicant’s Letter, dated 26 Mar 07, w/atchs.




                                  RICHARD A. PETERSON
                                  Panel Chair


AFBCMR BC-2006-03725




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 EDWARD A. GAWRYS, 025-28-3283, be corrected to show that on 4
June 1958, he was discharged with service characterized as honorable and
was furnished an Honorable Discharge certificate.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency