RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00873
		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:

He has lived a drug free, alcohol free and crime free life since being discharged in 1966. He has worked several law enforcement jobs and feels he was unjustly made an example of by a noncommissioned officer (NCO).

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 15 July 1963 for a term of 4 years.  On 6 January 1966, the applicant's commander notified him that he was recommending he be discharged from the Air Force for unfitness.  The basis for the commander’s recommendation was his frequent involvement of a discreditable nature with military authorities.  On 30 April 1965, he was drunk and disorderly off station and was counseled; on 8 June 1964, counseled and severely reprimanded for loitering on post; an Article 15 on 21 December 1965, for failure to repair; counseled on 7 January 1965, for poor showing in on-the-job training; vacated suspension of Article 15 on 19 February 1965, for failure to repair; counseled on 18 June 1965, for loitering on post; counseled on 20 June 1965, for slow response on alert; counseled on 22 September 1965, for loitering on post; and he received an Article 15 on 17 December 1965, for theft of a car battery.  He acknowledged receipt of the notification of discharge.  After consulting with legal counsel, he waived his rights to a hearing before a board of officers and declined to submit statements in his own behalf.  The discharge authority approved his separation and ordered an under other than honorable conditions (undesirable) discharge.  Applicant was separated on 3 February 1966, under the provisions of AFR 39-17, Discharge of Airmen Because of Unfitness (unfitness), with an under other than honorable conditions (undesirable) discharge.  The applicant served 2 years, 6 months and 19 days on active duty.

On 17 February 1971, applicant submitted an application to the Air Force Discharge Review Board (AFDRB) requesting his discharge be upgraded to honorable.  After careful review of the evidence, his request was denied.

On 12 April 1977, he submitted an application to AFDRB under a Special Department of Defense (DoD) Discharge Review Program requesting his under other than honorable conditions (undesirable) discharge be upgraded to honorable.  The AFDRB carefully reviewed and considered all the facts of record and concluded applicant met the criteria of the Special Department of Defense Discharge Review Program and upgraded his discharge from under other than honorable conditions (undesirable) discharge to an under honorable conditions (general) discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 9 March 2004, that on the basis of the data furnished they were unable to locate an arrest record.  (See Exhibit E)

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  The AFDRB previously reviewed all the evidence of record and concluded applicant met the criteria of the Special Department of Defense discharge Review Program and upgraded his discharge from an under other than honorable conditions (undesirable) discharge to an under honorable conditions (general) discharge.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting an upgrade in his discharge to honorable.

The DPPRS 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 23 April 2004, for review and comment within 30 days.  As of this date, this office has received no response.

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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 note that the AFDRB upgraded the applicant’s discharge from UOTHC to general (under honorable conditions).  After a thorough review of the circumstances surrounding his discharge, we do not feel that a further upgrade is warranted.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider the requested relief.

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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-2004-00873 in Executive Session on 16 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 13 Mar 04.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 13 Apr 04.
	Exhibit D.	Letter, SAF/MRBR, dated 23 Apr 04.
	Exhibit E.	FBI Response, dated 20 May 04.