RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00743
		INDEX NUMBER:  110.00
	XXXXXXX	COUNSEL:  None

	XXXXXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

When he committed the offenses that led to his discharge, he was a young man and made some immature mistakes.

He has been married for the past 45 years and has four adult children.  He has been a good father and husband.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered active duty on 31 Jan 55.  He was discharged on 8 Feb 57 for the following offenses:

	  a. Tried by special court martial for failure to go on  9 and 11 Apr 56 to his appointed place of duty, failure to obey the lawful order of an officer on 10 Apr 56, wrongfully appeared without insignia on his uniform on 9 Apr 56, and unclean room on 9 Apr 56.  Applicant was sentenced to confinement at hard labor for three months and to forfeit $55.00 pay per month for three months.

	  b. Tried by special court martial for being absent without leave (AWOL) from 28 Jul 56 to 19 Aug 56.  Applicant was sentenced to six months of hard labor and to forfeit $55.00 pay per month for six months.

The applicant received an undesirable discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 19 Apr 04, that, on the basis of data furnished, they are unable to locate an arrest record (Exhibit E).
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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  Based on the documentation in the applicant’s master personnel records, his discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The Air Force Discharge Review Board previously reviewed all evidence of record and concluded that a change in the type or nature of his discharge was not warranted.

The complete 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 2 Apr 04 for review and comment within 30 days.  To date, a response has not been received.

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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, 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.  However, we note that the applicant failed to provide information and evidence of his post-service activities.  Should he do so, it may provide the Board a basis to consider granting his request based on clemency.  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 Docket Number BC‑2004-00743 in Executive Session on 24 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Mar 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 29 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Apr 04.
    Exhibit E.  FBI Report, dated 19 Apr 04.