RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03376
		INDEX CODE:  65.00

		COUNSEL:  DISABLED AMERICAN
				   VETERANS

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He no longer exhibits the immature and youthful behaviors which resulted in his discharge.

In support of his appeal, the applicant provided a statement from counsel, character reference statements, certificates of appreciation, and his separation document.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 25 Jun 57 for a period of four years in the grade of airman basic.

On 22 May 59, the applicant’s commander notified him that he was recommending his discharge for unfitness with an undesirable characterization.  The reason for the action was his lack of devotion to duty and unbecoming conduct.  The applicant was tried by summary court-martial on 6 Jun 58 for sleeping on duty, for which he was reduced to airman basic and fined $40.00.  On 22 Jan 59, he was tried by summary court-martial for failure to repair and being disrespectful to two noncommissioned officers, for which he was reduced to airman basic and fined $60.00.  He was convicted by summary court-martial on 11 May 59 for failure to repair and sentenced to 15 days confinement at hard labor.  The applicant waived his right to present matters to a board and chose not to submit statements in his own behalf.  

On 24 Jul 59, the discharge authority approved the applicant’s discharge, with an undesirable characterization.

On 9 Sep 59, the applicant was discharged under the provisions of AFR 39-17 (Unfitness) and was furnished an undesirable discharge.

On 11 Dec 59 and 18 Oct 78, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request that his discharge be upgraded to honorable.

On 28 Jan 81, the Board considered and denied the applicant’s request for upgrade of his discharge to honorable.

The Federal Bureau of Investigation, Clarksburg, West Virginia, indicated that, on the basis of data furnished, they are unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge directives in effect at the time of his discharge.  Additionally, the discharge was within the discretion of the discharge authority.  In their view, the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing, nor provided any facts warranting an upgrade of his discharge.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 10 Jun 03 for review and response.  As of this date, no response has been received by this office (Exhibit E).

By letter, dated 14 Aug 03, the Board's staff requested that the applicant provide information pertaining to his activities since leaving the service.  As of this date, no response has been received by this office (Exhibit F).

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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.  The evidence of record indicates that the applicant was involuntarily discharged for unfitness.  No evidence has been presented which would lead us to believe that the applicant’s discharge was improper or contrary to the provisions of the discharge directive under which it was effected.  We reviewed the post-service documentation provided by the applicant in support of his appeal.  However, due to its limited nature, we do not find the documentation sufficient to warrant favorable action based on clemency at this time.  However, if the applicant provides additional documentation pertaining to his activities since leaving the service, reconsideration of his request may be appropriate.  In view of the above, we conclude that no basis exists to recommend favorable action on the applicant’s request that his undesirable discharge be upgraded to honorable.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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 AFBCMR Docket Number BC-2002-03376 in Executive Session on 23 Sep 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFPC/DPPRS, dated 6 Jun 03.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Jun 03.
    Exhibit F.  Letter, AFBCMR, dated 14 Aug 03.