RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02339
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The daughter of the former member requests her father’s under other than honorable conditions (undesirable) discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

Her father married after his discharge and remained married to the same woman until his death.  He fathered and raised four children.  One had a career in the Army and a son who served as well.  His values, morals, and guidance led two of his grandchildren to enlist as well.  He learned from his mistakes and helped to raise a proud American family.  His memory should not be tarnished, nor his value underrated as a result of mistakes made as a young man.

In support of the appeal, applicant submits a copy of her father’s death certificate and a copy of his DD Form 214.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The former member enlisted in the Regular Air Force on 22 March 1954 in the grade of airman basic for a period of four years.  He was promoted to the grade of airman third class on 1 May 1955.

On 10 February 1958, the former member’s commander recommended that he be discharged under the provisions of AFR 39-17 and receive an under other than honorable conditions (undesirable) discharge.  The basis for this recommendation were:  (1) Former member was convicted by Summary Court for being absent without leave (AWOL) from 14 June 1954 to 27 June 1954.  (2) Former member was convicted by Summary Court for being AWOL from 5 July 1954 to 21 July 1954.  (3) Former member received an Article 15 for while on duty as an Air Police Patrol driver, he brought an unauthorized woman on base and ran through a checkpoint without stopping.  Punishment consisted of reduction to the grade of airman basic.  (4) Former member was convicted by Special Court-Martial for sleeping on his post.  (5) Former member was convicted by Summary Court for disrespectful behavior toward his superior officer.  (6) On 24 January 1958, former member failed to remain at his place of duty while on squadron stand-by and was apprehended attempting to leave the base.  Former member acknowledged receipt of the notification of discharge on 10 February 1958 and the understanding he was entitled to an impartial hearing by a board of officers.  He also understood he was entitled to legal counsel, to present evidence and call witnesses in his own behalf.  He waived his entitlement to appear before the board and requested discharge without benefit of board proceedings.  He understood if his application was approved, his separation from the Air Force may be under other than honorable conditions and that he may receive an undesirable discharge.  The discharge authority approved the separation and directed that the former member be discharged with an under other then honorable conditions (undesirable) discharge.

The former member was separated from the Air Force on 26 March 1958 under the provisions of AFR 39-17, Discharge of Airmen Because of Unfitness (unfitness), with an under other than honorable conditions (undesirable) discharge.  He served three years, one month and six days on active duty.  He had a total of 329 days of lost time (31 days for being AWOL, and 298 days for confinement).

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.  Neither did the applicant submit any evidence or identify any errors or injustices that occurred in the discharge processing.  Nor did the former member provide any facts warranting a change to his character of service.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 August 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  On 15 September 2004, a copy of the FBI Report was forwarded to the applicant 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.	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 agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 16 November 2004, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2004-02339 was considered:

	Exhibit A.	DD Form 149, dated 4 Aug 04, w/atchs.
	Exhibit B.	Deceased Member’s Master Personnel Records.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, AFPC/DPPRS, dated 17 Aug 04.
	Exhibit E.	Letters, SAF/MRBR, dated 20 Aug 04 and 
	           AFBCMR, 15 Sep 04.