RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-1973-700
		INDEX CODE:  110.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded to general (under honorable conditions).

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 Nov 65.  He was progressively promoted to the grade of airman second class, having assumed that grade effective and with a date of rank of 1 Oct 66.  

On 24 Jul 68, his commander recommended he be discharged under the provisions of AFM 39-12 due to frequent involvement of a discreditable nature.  Specifically, he received an Article 15 on 15 Jan 67, for stealing a carburetor; on 25 Oct 67, a letter was received for failure to liquidate a private indebtedness; he received Article 15 punishment on 2 Jul 68, for possession of pistol; and he received Article 15 punishment on 5 Jul 68, for being drunk on station.  A general discharge was recommended.  The applicant waived his right to a board hearing on the basis of a general discharge recommendation.  

Because of subsequent misconduct, his commander recommended that he be discharged as undesirable for unfitness.  The base staff judge advocate found the case legally sufficient and concurred with the recommendation.  During the course of his discharge processing, he assaulted and cut an airman with a razor, was apprehended by civilian authorities for black market violations, and was absent without leave from 11 Aug 68 through 12 Aug 68.  In addition, the applicant received numerous counselings for tardiness and counseling for refusal to obey a lawful order.  The applicant requested discharge for the good of the service in lieu of court-martial for the assault incident.  The discharge authority approved his request and directed that he be discharged for the good of the service and that he be furnished an Undesirable Discharge certificate.  Applicant was discharged on 20 Sep 68.  He served 2 years, 9 months, and 25 days on active duty.

On 26 Feb 73, the Air Force Discharge Review Board considered and denied his request for upgrade of discharge and change of his reenlistment eligibility.  His request was considered and denied by the AFBCMR on 15 Mar 73 (Exhibit A).  

In his most recent submission, applicant contends he waived his right to a board hearing on the condition he receive a general discharge.  In support of his request, applicant provided a personal resume, training certificates and character references.  His complete submission is at Exhibit B.

Pursuant to the Board's request, the Federal Bureau of Investigation provided an investigative report pertaining to the applicant, which is appended at Exhibit E.

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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.  After careful consideration of the applicant's request and the available evidence of record, we see no evidence of an error or injustice that would warrant a change in the characterization of his service.  We are not persuaded by his contentions that his discharge was improper, unjust or that he was denied rights to which he was entitled.  In our opinion, given the multiplicity of the offenses he committed against the good order and discipline of the service, and the short period of time in which he served, the characterization of his discharge was in compliance with the appropriate directives.  Therefore. in the absence of persuasive evidence to the contrary, we find no basis upon which to recommend favorable consideration of his request.

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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-1973-700 in Executive Session on 30 Jun 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  Letter, SAF/CB, dated 22 Mar 73, w/atchs.
    Exhibit B.  DD Form 149, dated 22 Mar 04, w/atchs.
    Exhibit C.  Applicant's Master Personnel Records.
    Exhibit D.  Letter, SAF/MRBC, dated 6 May 04.
    Exhibit E.  FBI Investigative Report, dated 13 May 04.
    Exhibit F.  Letter, SAF/MRBC, dated 13 May 04.