RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2005-00289
							INDEX CODE:  110.02
 				    			COUNSEL:  NONE

     						HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 JULY 2006

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general (under honorable conditions).
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APPLICANT CONTENDS THAT:

His arresting officer was also his judge at his Article 15.  He believes this is not fair.  

Applicant provides no supporting documentation.  The applicant’s submission is at Exhibit A. 

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STATEMENT OF FACTS:

On 12 March 1957, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  He was progressively promoted to the grade of airman third class (E-2), effective and with a date of rank of 24 May 1957, 1 December 1957 and 1 September 1958, respectively.

On 21 August 1957, he was charged with failure to repair.  For this incident, punishment under Article 15, Uniform Code of Military Justice, was imposed.  He was reduced to airman basic.  On 25 March 1958, he was charged for being out of uniform and disorderly in station.  For this incident, punishment under Article 15, Uniform Code of Military Justice, was imposed.  He was reduced to airman basic.  On or about 24 March 1959, he was charged for being disorderly in station.  For this incident, he was tried and convicted by a summary court-martial.  He was reduced to airman basic, sentenced to perform hard labor for thirty (30) days and to forfeit seventy dollars ($70) of his pay.  

On 14 June 1959 and 18 June 1959, the applicant was charged for failure to repair.  From 17 July 1959 to 24 July 1959, he was charged with being absent without leave.  For these incidents, he was tried and convicted by a summary court-martial.  He was sentenced to perform hard labor for thirty (30) days and to forfeit seventy dollars ($70) of his pay.  

On 26 August 1959, discharge proceedings were initiated against the applicant under the provisions of AFR 39-17 (Unfitness).  The applicant was advised of his rights and that an undesirable discharge would be recommended.  On 26 August 1959, after consulting military legal counsel, the applicant waived his right to a hearing before a board of officers and to submit statements for review.  On 1 October 1959, the discharge authority approved the recommended separation and directed the applicant be furnished an Undesirable Discharge certificate.  8 October 1959, the applicant was discharged under the provisions of AFR 39-17 (Unfitness), with an under other than honorable conditions discharge.  He was furnished an Undesirable Discharge certificate.  He was credited with 2 years, 5 months and 2 days of total active service.  Time lost was 58 days due to AWOL and confinement.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant, which is at Exhibit E.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 March 2005, a copy of the Air Force evaluation was sent to the applicant for review and response.  On 25 March 2005, a letter was forwarded to applicant suggesting that he consider providing evidence pertaining to his post-service activities.  On 6 April 2005, a copy of the FBI report was forwarded to the applicant for review and comment.  As of this date, this office has not received a response to any of the foregoing 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.  After careful consideration of the applicant’s request and the available evidence of record, we see no evidence that would warrant an upgrade of his characterization of service.  Other than his own assertions, the applicant has provided no evidence which would lead us to believe that the information in his discharge case file is erroneous, that his substantial rights were violated, or that his commanders abused their discretionary authority.  In addition, an FBI record provided information pertaining to the applicant indicates recent involvement with law enforcement authorities.  In view of the above and in the absence of expansive evidence by the applicant attesting to a successful post-service adjustment in the years after his last involvement with civil law enforcement authorities, we are not inclined to extend clemency in this case. 

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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 this application in Executive Session on 19 April 2005, under the provisions of AFI 36‑2603:

						, Panel Chair
						, Member
						, Member

The following documentary evidence was considered for AFBCMR Docket Number 05-00289:

    Exhibit A.  DD Form 149, dated 31 Jan 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 9 Mar 05.
    Exhibit D.  Letters, SAF/MRBR, AFBCMR dated 18 Mar 05,
                25 Mar 05 and 6 Apr 05.
    Exhibit E.  FBI Report, dated 30 Mar 05.

	
						Panel Chair