RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01665
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.
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APPLICANT CONTENDS THAT:

He enlisted in the Air Force in August 1953.  He completed Basic Training, and was transferred to his first duty assignment in Texas where he served 17 months.  He was then assigned to a base in Germany where he served 14 months, without any disciplinary action, and was promoted.  He was then assigned to a base in California where he worked in the Motor Pool.  He noticed he was always being assigned weekend and holiday duty and confronted his noncommissioned officer (NCO) on the matter.  When he did not receive a response, he went to his first sergeant.  This action caused continued problems between him and his NCO.  He then began to experience other problems such as being late to work, and financial difficulties.  He later “unknowingly” signed a waiver to appear before a discharge board, and was given an undesirable discharge.  He is now a retired civilian, and would like to get his record corrected.

In support of the application, the applicant submits a personal statement.  The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 5 August 1953, the applicant enlisted in the Air Force in the grade of airman basic (E-1) at the age of 17 for a period of four (4) years.  He was progressively promoted to the grade of airman second class (E-3) with a date of rank of 1 December 1955.

The applicant received two character and efficiency ratings of “excellent” for 2 October 1953 and 15 February 1955, respectively, and “fair” and “unsatisfactory” for 21 May 1957.

On 31 December 1956, the applicant’s commander received a letter from the Chief, Base Exchange regarding a worthless check in the amount of $25.00 written by the applicant.  On 16 January 1957, the applicant’s commander received a letter from the Chief, Base Exchange regarding a worthless check in the amount of $25.00 cashed by the applicant.  On 22 January 1957, the applicant’s commander received a disposition form from the Chief, Base Exchange regarding a worthless check in the amount of $25.00 written by the applicant.  

On 6 February 1957, the applicant’s commander received a letter from a department store regarding the applicant’s delinquent account.  On 9 February 1957, the applicant was delivered to Civilian Authorities for trial upon the charge of three (3) vehicular highway offenses.  On 11 February 1957, the applicant was counseled regarding his indebtedness to a company, and instructed to make restitution to it.

On 20 May 1957, the Base Chaplin recommended the applicant be discharged from the Air Force under the provisions of AFR 39-17 (unfitness).  On 21 May 1957, a medical examiner determined that medical treatment would not result in the applicant being able to perform his duties more effectively and there was no evidence of any medical or physical defect of sufficient import to warrant action under the provisions of AFM 35-4.

On 21 May 1957, the applicant’s commander notified him that he was recommending he be discharged from the Air Force under the provisions of AFR 39-17 for Unfitness.  The applicant acknowledged receipt of notification, waived his right to consult counsel and his entitlement to appear before the board, and requested discharge without benefit of board proceedings.  The wing commander forwarded the discharge case file for review by the discharge authority on 24 May 1957.  The discharge authority approved the recommended separation on 12 June 1957, and directed that the applicant be discharged and issued an Undesirable Discharge certificate.

On 28 June 1957, the applicant was discharged under other than honorable conditions (UOTHC), in the grade of airman basic, under the provisions of AFR 39-17 for Unfitness.  He had served 3 years, 10 months and 23 days on active service.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the former member (Identification Record No.).

On 10 August 2004, the applicant was invited to submit information pertaining to his post-service accomplishments and activities.  On 24 September 2004, a copy of the Federal Bureau of Investigations (FBI) report was forwarded to the applicant.   To this date, no response has been received on any of the above correspondence.  (Exhibit D).

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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 find no impropriety in the characterization of applicant's discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. Although the applicant states that he is now a retired civilian, he has not provided sufficient information of post-service activities and accomplishments for us to conclude that his discharge should be upgraded based on clemency.  In view of the above we find no basis to warrant favorable action on this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 16 November 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered for AFBCMR Docket Number BC-2004-01665:

     Exhibit A.  DD Form 149, dated 07 Jun 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFBCMR, dated 10 Aug 04.
	Letter, AFBCMR, dated 24 Sep 04.
     Exhibit D.	FBI Report