RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03486
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He did lie on his enlistment form that he had not been arrested. He was convicted of joy riding in a stolen car on 2 June 1958.  However, his UOTHC is inequitable because his discharge was based on one isolated incident and not on his 17 months of service with no other adverse action. 

In support of his request the applicant provides a copy of his DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States.  

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

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STATEMENT OF FACTS:

On 26 January 1960, the applicant enlisted in the United States Air Force.  On 24 October 1961, the applicant was discharged with an under other than honorable conditions discharge under the provisions of Air Force Regulation 39-21 (fraudulent enlistment).  He had 25 days of lost time due to military confinement. 

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. 

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that the applicant did not submit any evidence or identify any errors or injustices that occurred in his discharge process.  Based upon the documentation in his records, DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation (see Exhibit C).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8 February 2002 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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.  After careful consideration of the applicant’s request and the available evidence of record, we see no evidence of an error or injustice that would warrant a change in the characterization of his service.  In our opinion, based on the short period of time he served on active duty, the amount of time lost to the government and the limited evidence provided, the evidence submitted is not of a sufficient quality and quantity to warrant the approval of the requested relief at this time.  The only other basis upon which to upgrade his discharge would be based on clemency.  However, the applicant has failed to provide documentation pertaining to his post-service activities.  Should he provide documentary evidence pertaining to his post-service activities we would be willing to reconsider his appeal.  In the absence of such evidence, favorable action is not recommended.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.  

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The following members of the Board considered this application AFBCMR Docket Number 01-03486 in Executive Session on 15 May 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 26 December 2001 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 31 January 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 8 February 2002.