RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-02581
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE
                                  HEARING DESIRED:  NO

______________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

________________________________________________________________

APPLICANT CONTENDS THAT:

The two honorable discharges he received should  override  his  undesirable
discharge and his court-martial was unfair.

In support of his request, the applicant submits a copy of his  WDAGO  Form
No 55 - Honorable Discharge  from  the  Army  of  the  United  States,  his
honorable discharge certificates and character reference letters.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant served in the Regular Army from 29  January  1945  through  18
November 1946.  He served in the  Army  Air  Force  from  25  November  1947
through 15 December 1950.  He reenlisted in the  Regular  Air  Force  on  16
December 1950.  On 26 March 1951, he was restricted to  the  limits  of  the
base (Albrook AFB, Canal Zone) for 90  days  for  medical  reasons.   On  30
March 1951, he violated the restriction.  Consequently,  he  was  tried  and
convicted by a Summary Court Martial and  was  sentenced  to  25  days  hard
labor and forfeiture of $50.00.  On 17 April 1951, he was  notified  that  a
Board of Officers was meeting to determine if he should be discharged  prior
to his expiration of term of service.  On  the  same  day,  he  acknowledged
receipt of the meeting and elected not to consult counsel or call  witnesses
on his behalf.  On 20 April 1951, the Board  determined  he  was  unfit  for
service and recommended he be discharged for unfitness.  On 22 May  1951  he
was  discharged  in  the  grade  of  private  and  received  an  undesirable
discharge.

He served five years, two months and six days on active duty.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 22 October 2007, that, on  the  basis  of  data
furnished, they are unable to locate an arrest record (Exhibit C).

On 14 November 2007, a request for post-service information  was  forwarded
to the applicant for response within 30 days.  As of this date no  response
has been received (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.  The Board finds no impropriety in the  characterization  of  applicant's
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards  in  effecting  the  separation,  and  the  Board  does  not  find
persuasive  evidence  that  pertinent  regulations  were  violated  or  that
applicant was not afforded all the rights to which entitled at the  time  of
discharge.   The  applicant  has  not  shown  the  characterization  of  the
discharge was contrary to the provisions of the  governing  regulation,  nor
has it  been  shown  the  nature  of  the  discharge  was  unduly  harsh  or
disproportionate to the offenses committed.   Considered  alone,  the  Board
concludes 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.  The Board  has  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, the Board may base their decision on  matters  of
equity and clemency rather than simply  on  whether  rules  and  regulations
which  existed  at  the  time  were  followed.   This  is  a  much   broader
consideration than officials involved in the discharge were  permitted,  and
our decision in no way discredits the validity of theirs.

5.  Taking into consideration the  available  post-service  information  and
the absence of involvement with  law  enforcement  authorities,  it  appears
likely that  he  has  overcome  the  behavioral  traits  which  led  to  the
discharge action and  has  led  a  stable  and  productive  life  since  the
separation.  The  Board  majority  recognizes  the  adverse  impact  of  the
discharge the applicant received; and, while it may  have  been  appropriate
at the time, the Board majority believes it would be an  injustice  for  the
applicant to  continue  to  suffer  its  effects.   Accordingly,  the  Board
majority finds that  corrective  action  is  appropriate  on  the  basis  of
clemency and recommends the records be corrected as indicated below.

______________________________________________________________

THE BOARD RECOMMEDS THAT:

The pertinent military records of the Department of the Air Force  relating
to APPLICANT be  corrected  to  show  that  that  on 22 May  1951,  he  was
discharged  with  service  characterized  as   general   (under   honorable
conditions).

________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-02581
in Executive Session on 18 December 2007, under the provisions  of  AFI  36-
2603:

                 Mr.  Michael J. Novel, Panel Chair
                 Mr.  Anthony P. Reardon, Member
                 Ms.  Marcia Jane Bachman, Member

By a majority vote, the Board voted to correct the  record  as  recommended.
Mr Novel voted to deny the request but did not desire to submit  a  minority
report.  The following documentary evidence was considered:

       Exhibit A.  DD Form 149, dated 7 August 2007, w/atchs.
       Exhibit B.  Applicant's Master Personnel Records.
       Exhibit C.  FBI Negative Reply.
       Exhibit D.  Memorandum, SAF/MRBC, dated 14 November 2007.




      MICHAEL J. NOVEL
      Panel Chair


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Office Of The Assistant Secretary

BC-2007-02581




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 22 May 1951, he
was discharged with service characterized as general (under honorable
conditions).




  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency