RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00256
		INDEX CODE:  110.02

XXXXXXXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

XXX-XX-XXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

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APPLICANT CONTENDS THAT:

Applicant did not present any contentions.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 Sep 67.  Prior to the events under review, applicant was promoted to the grade of airman first class with an effective date and date of rank of 1 Apr 68.

He received one performance report with an overall evaluation of 6.

On 12 Sep 68, he received an Article 15 punishment for failure to go to his appointed place of duty on or about 3 Sep 68 and on or about 4 Sep 68.  His punishment consisted of a suspended reduction in grade to the rank of airman for six months and 45 days of extra duty.

Applicant was absent without leave (AWOL) from 6 Mar 69 until his return to military control on 14 Apr 69.  He was dropped from the rolls on 4 Apr 69.

On 17 Apr 69, after consulting with counsel, applicant submitted a request for discharge for the good of the service.  On 2 May 69, the group commander recommended the applicant’s request be approved.  His recommendation was based on the applicant being AWOL from 6 Mar to 15 Apr 69, and because he was not able to adapt to military standards of work, discipline and conduct.  On that same day, the wing commander recommended approval of the applicant’s request to be discharged for the good of the service.  On 12 May 69, the discharge authority approved the discharge, and directed the applicant be furnished an Undesirable Discharge Certificate (DD Form 256AF).

On 14 May 69, applicant was discharged under the provisions of AFM 39-12, with service characterized as under other than honorable conditions and was issued an undesirable discharge certificate.  He was credited with 1 year, 7 months, and 24 days of active duty service during this enlistment (excludes 40 days due to AWOL).

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based on the documentation in the file, they found the discharge consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  They also noted applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and provided no other facts warranting a change to his character of service.  

A complete copy of the 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 the applicant on 29 Oct 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

On 21 Dec 04, a copy of the FBI report was forwarded to the applicant for comment.  At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F).  As of this date, no response has been received by this office.

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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 evidence of record, we found no evidence that the actions taken to effect the applicant’s discharge were improper or contrary to the provisions of the governing manual in effect at the time, or that the actions taken against him were based on factors other than his own misconduct.  Based on his overall record of service and the absence of evidence related to his post-service activities and accomplishments, we are not persuaded that an upgrade of the characterization of his discharge is warranted.  If he were to submit post-service documentation, the Board may be willing to reconsider his appeal as a matter of clemency.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

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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-2003-00256 in Executive Session on 2 February 2005, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Sep 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 22 Oct 04.
    Exhibit E.  Letter, SAF/MRBR, dated 29 Oct 04.
    Exhibit F.  Letter, AFBCMR, dated 21 Dec 04, w/atchs.

                                   
                                   Panel Chair