RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01496
		INDEX CODES:  66.00, 126.03,
                                               131.09

		COUNSEL:  XXXXX

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His rank be restored from airman basic to airman third class.

His general discharge be upgraded to honorable.

His Article 15 be removed from his records.

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APPLICANT CONTENDS THAT:

There was no basis for his reduction in grade because his military history did not reflect "inaptitude."

The alleged incident was not supported by a conviction in the courts of Lake Charles, Louisiana.

In support of his appeal, the applicant provided extracts from his available military personnel records.

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

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STATEMENT OF FACTS:

Applicant's available personnel records indicate that he was discharged on 5 Jun 58 under the provisions of AFR 39-16 (Inaptitude or Unsuitability) and furnished a general discharge.  He was credited with 1 year, 7, months, and 14 days of active service.

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

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AIR FORCE EVALUATION:

AFLSA/JAJM recommended denial of the applicant's request to have the Article 15 removed from his records.  AFLSA/JAJM indicated that a set aside should only be granted when the evidence demonstrates an error or a clear injustice.  The basis of the applicant's request for relief was insufficient to warrant setting aside the Article 15 action, and did not demonstrate an equitable basis for relief.  In AFLSA/JAJM's view, the applicant provided no evidence of a clear error or injustice related to the nonjudicial punishment action.

A complete copy of the AFLSA/JAJM evaluation is at Exhibit D.

AFPC/DPPPWB noted that AFLSA/JAJM reviewed the case and determined that there were no legal errors requiring corrective action regarding the Article 15 and recommended denial of the applicant's request.  AFPC/DPPPWB indicated that they defer to AFLSA/JAJM's recommendation.

A complete copy of the AFPC/DPPPWB evaluation is at Exhibit E.

AFPC/DPPRS indicated that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting an upgrade of discharge.  They deferred to the Board to determine if the applicant should be granted relief based on the limited documentation.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 18 Jul 03 for review and response.  As of this date, no response has been received by this office (Exhibit G).

By letter, dated 19 Aug 03, the Board's staff requested that the applicant provide information pertaining to his activities since leaving the service.  However, it was returned due to insufficient address (Exhibit H).

Copies of the Air Force evaluations, the FBI Report, and the AFBCMR letter, dated 19 Aug 03, requesting information from the applicant were forwarded to counsel on 15 Sep 03 for review and response.  As of this date, no response has been received by this office (Exhibit I).

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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.  We took notice of the applicant's complete submission in judging the merits of the case.  However, based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's discharge and any corresponding actions pertaining thereto were proper and in compliance with appropriate directives.  Furthermore, In the absence of sufficient evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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-2003-01496 in Executive Session on 21 Oct 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFLSA/JAJM, dated 6 Jun 03.
    Exhibit E.  Letter, AFPC/DPPPWB, dated 1 Jul 03.
    Exhibit F.  Letter, AFPC/DPPRS, dated 14 Jul 03.
    Exhibit G.  Letter, SAF/MRBR, dated 18 Jul 03.
    Exhibit H.  Letter, AFBCMR, dated 19 Aug 03.
    Exhibit I.  Letter, AFBCMR, dated 15 Sep 03.

                                   
                                   Panel Chair