RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02247
		INDEX CODE:  110.00
	
		COUNSEL:  NONE
	
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

He would like to draw Veterans Administration benefits.

In support of the appeal, applicant submitted a copy of his DD Form 214.  Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 12 December 1951 in the grade of airman basic for a period of four years.

On 11 December 1952, applicant’s commander recommended appropriate action be initiated under the provisions of AFR 39-17 to separate him from the Air Force for unfitness.  The basis for this action:  (1) Applicant possessed an antisocial personality manifested by repeated acts of misconduct, inability to adapt to military service, poor sense of responsibility and poor motivation for change of behavior pattern.  (2) Applicant’s failure to report to his proper place of duty at the proper time on several occasions.  (3) Absent without leave (AWOL) on three different occasions (2 days - [20 June 1952 to 21 June 1952], 14 days - [9 July 1952 to 22 July 1952], and 13 days - [2 October 1952 to 14 October 1952]).  (4) Applicant was AWOL since Board proceedings were initiated and he was court-martial and confined at hard labor for three months.  (5) Applicant was counseled by his commanding officer and first sergeant on several occasions.

On 19 February 1953, applicant was notified to appear before a Board of Officers to determine whether he should be discharged under AFR 39-17.  The board convened on 20 February 1953 and recommended applicant be discharged with an undesirable discharge.  The discharge authority approved the findings and recommendations of the Board of Officers and directed that applicant be discharged with an undesirable discharge.

Applicant was separated from the Air Force on 19 May 1953 under the provisions of AFR 39-17, Discharge of Airmen Because of Unfitness (unfitness), with an undesirable discharge.  He served 10 months and 9 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS states, 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.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 October 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  On 17 November 2004, applicant was invited to provide, within 14 days, information pertaining to his activities since leaving the service.  On 30 November 2004, a copy of applicant’s FBI Report was forwarded for review and response within 14 days.  As of this date, no response has been received by this office.

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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.  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.

4.  We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  In view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade on the basis of clemency.  Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to favorably consider 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 this application in Executive Session on 1 March 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 28 Sep 04, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, AFPC/DPPRS, dated 22 Oct 04.
	Exhibit E.	Letters, SAF/MRBR, dated 29 Oct 04, AFBCMR, 
				dated 17 and 30 Nov 04.