RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00970
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general, under honorable conditions, discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

While he does not disagree with the original discharge he was not aware that he could request an upgrade until this year.  He states that in 1956 his mother and father passed away leaving a fourteen-year-old son; the applicant’s brother.  After being passed around from place to place, his brother asked him for help.  He did not give his sibling’s care as a reason for wanting out of the Air Force but he did feel responsible for taking care of his brother.  The discharge has haunted him since he received it.

In support of his appeal, he has included copies of his DD Form 293 and DD Form 214.  His appeal, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 17 March 1955.  He was progressively promoted to the grade of Airman Third Class (A3C/E-2) with an effective and date of rank of 3 June 1955.

On 3 April 1958, applicant received an Article 15 for failure to repair.  He was restricted to MacDill AFB for 2 weeks.  It was also noted that the applicant was counseled numerous times because he refused to work, he was unable to accomplish simple tasks and other assignments were either not done satisfactorily or were untimely.  He was counseled on his unsatisfactory appearance and general refusal to obey orders.

On 11 April 1958, he was notified that his commander was recommending him for discharge under the auspices of Air Force Regulation (AFR) 39-16, Attrition, Inaptitude, or Unsuitability.  On 19 June 1958, he received a general discharge with service characterization of under honorable conditions.  He had served a total of 3 years, 3 months and 3 days and was serving in the grade of A3C at the time of discharge.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial noting that the applicant did not identify any errors or injustices during the processing of his discharge.  DPPRS states that the discharge was consistent with the procedural and substantive requirements of the discharge regulation of the day and that it was within the discretionary power of the discharge authority.  

DPPRS’s evaluation is at 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 18 April 2003 for review and comment within 30 days.  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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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-2003-00970 in Executive Session on 5 June 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Mar 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 11 Apr 03.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.

                                   
                                   Panel Chair