RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-04101
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

It is unjust that he was accused of writing checks to local businesses  with
a closed bank account.  At  the  time  of  his  discharge  hearing,  it  was
discovered his military pay was being sent to an open account.  The  charges
were changed, but the discharge process continued.

In support of his request, the applicant provided a  personal  statement,  a
copy of his DD Form 214,  Armed  Forces  of  the  United  States  Report  of
Transfer or Discharge, and  documentation  pertaining  to  his  post-service
activities.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 March 1957  in  the  grade
of airman basic.  He was progressively  promoted  to  the  grade  of  airman
third class having assumed that grade effective and with a date of  rank  of
7 June 1957.  On 11 June 1959, applicant was notified by  his  commander  of
his intent to recommend that his discharge from  the  Air  Force  under  the
provisions of AFR 39-17.  The specific reasons for this follow:

     a.  He failed to maintain the standard of appearance  required  of  the
United States Air Force in that his clothing was not maintained,  was  dirty
and ragged, and he seldom shaved.  He exhibited an appearance that  degraded
himself and the Air Force.



     b.  He had established a pattern of  showing  dishonorable  failure  to
pay just debts.

He was advised of his rights in this matter and acknowledged receipt of  the
notification.  After consulting with counsel applicant waived his  right  to
a hearing before a board of officers and elected  to  submit  statements  on
his own behalf.  In a legal  review  of  the  case  file,  the  staff  judge
advocate recommended applicant’s case be heard by a board of officers.   The
board recommended discharge because of unfitness with a  general  discharge.
On  16 October  1959,   the   discharge   authority   concurred   with   the
recommendations and directed discharge with a general discharge.   Applicant
was discharged on 23 October 1959.  He served 2 years, 7 months and 13  days
on active duty.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, indicated that they were unable  to  identify  an
arrest record on the basis of the information furnished (Exhibit C).

On 31  January  2008,  the  Board  staff  requested  the  applicant  provide
documentation pertaining to his  post-service  activities,  within  30  days
(Exhibit D).  The applicant provided a response, with attachments, which  is
at Exhibit E.

_________________________________________________________________

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  we  do  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,   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  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,  it
appears likely that applicant has overcome the behavioral traits  which  led
to the discharge action and has led a stable and productive life  since  the
separation.  We recognize the adverse impact of the discharge the  applicant
received; and, while it may have been appropriate at the  time,  we  believe
it would be an injustice  for  the  applicant  to  continue  to  suffer  its
effects.  Accordingly, we find that corrective action is appropriate on  the
basis of clemency and  recommend  the  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  23  October  1959,  he  was
honorably discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2007-
04101 in Executive Session on 31 March 2008, under the provisions of AFI 36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. James G. Neighbors, Member

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

   Exhibit A.  DD Form 149, dated 10 December 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Negative Reply, dated 14 January 2008.
   Exhibit D.  Letter, SAF/MRBC, dated 31 January 2008.
   Exhibit E.  Letter, Applicant, undated, w/atchs.





                 WAYNE R. GRACIE
                 Panel Chair





      AFBCMR BC-2007-04101












      MEMORANDUM FOR THE CHIEF OF STAFF


            Under the authority of Section 1552, Title 10, United States
      Code and Air Force Instruction 36-2603, and having assured compliance
      with the provisions of the above regulation, the decision of the Air
      Force Board for Correction of Military Records is announced, and it is
      directed that:


            The pertinent military records of the Department of the Air
      Force relating to XXX, be corrected to show that on 23 October 1959,
      he was honorably discharged and furnished an Honorable Discharge
      certificate.








                                        JOE G. LINEBERGER
                                        Director
            Air Force Review Board Agency