RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02516
		INDEX CODE:  110.00
		COUNSEL:  NONE
		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to a general (under honorable conditions) or an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never received legal counsel during his discharge processing.  He was never informed that he did not have to sign documentation to accept his discharge.  He thought if he did not sign the paperwork he would be court-martialed.  He did not understand at the time what he was doing, because he only had a fifth grade education.

In support of his request, the applicant provided a copy of his DD form 214, Armed Forces of the United States Report of Transfer or Discharge.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

It appears the applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.

The document extracted from the reconstructed record indicates the applicant enlisted in the Regular Air Force on 13 August 1952 for a period of four years.  He served as an Apprentice Munitions and Weapons Maintenance Specialist.

On 17 July 1956, the applicant was discharged in the grade of airman basic with an undesirable discharge, under the provisions of AFR 39-17 (Unfitness).  He served 3 years, 8 months and 26 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.

On 26 August 2008, a copy of the FBI Report of Investigation and a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit D).  The applicant provided additional information which is at Exhibit E.

_________________________________________________________________

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 find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed.  We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2008-02516 in Executive Session on 9 October 2008, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

  Exhibit A. DD Form 149, dated 2 June 2008, w/atchs.
  Exhibit B. Applicant's Available Master Personnel Records.
  Exhibit C. FBI Report of Investigation.
  Exhibit D. Letter, SAF/MRBC, dated 26 August 2008.
  Exhibit E. Letter, Applicant, not dated, w/atchs.

				
				Panel Chair