RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03691
		INDEX CODE:  110.02

	XXXXXXX	COUNSEL:  

	XXXXXXX	HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was told his discharge would be favorably upgraded five years after his discharge.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 June 1952 for a period of four years.  His highest grade held was airman third class (A3C/E-2).  Applicant’s grade at time of discharge was airman basic (AB/E-1).

On 2 Feb 53, applicant was convicted by Special Court-Martial for being absent without leave (AWOL) from 24 Nov 52 to 24 Dec 52.  His punishment consisted of two months of confinement at hard labor (suspended for six months), and forfeiture of $50 per month for two months.

On 12 Oct 53, he was convicted by Summary Court-Martial for failure to repair on 3 and 5 Oct 53.  His punishment consisted of restriction to the limits of the base for 45 days and forfeiture of $30.

On 13 Oct 53, he received an Article 15 for failure to repair in Dining Hall Number 7, on or about 29 Sep 53.  He was reduced to the grade of basic airman.

On 7 Nov 53, he was convicted by Summary Court-Martial for breaking restriction on or about 31 Oct 53.  His punishment consisted of forfeiture of $28.

On 26 Jan 54, applicant was discharged under the provisions of AFR 39-17, with service characterized as under other than honorable conditions and issued an undesirable discharge.  He was credited with 1 year, 3 months, and 10 days of active duty service (excludes 124 days lost time due to being AWOL and confinement).

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

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based on available documentation in the file, they found the discharge consistent with the procedural and substantive requirements of the discharge directives in effect at the time of discharge.  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 an upgrade of the discharge.  

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Dec 03 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

On 30 Jan 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.

___________________________________________________________________

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 regulations 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 in view of the contents of the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of his discharge is warranted.  Having found insufficient evidence of an error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request.

___________________________________________________________________

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.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-03691 in Executive Session on 18 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Nov 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 10 Dec 03, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 19 Dec 03.
    Exhibit F.  Letter, AFBCMR, dated 30 Jan 04, w/atchs.