RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-02357
							INDEX CODE:  110.02
    							COUNSEL:  NONE

    							HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded.
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APPLICANT CONTENDS THAT:

He would like his discharge upgraded so he may receive a veteran’s headstone upon his burial.  While in the service he thinks he did his job very well.  After serving his 30 days’ confinement for Absent Without Leave (AWOL), he was offered and elected an “easy out” discharge.  However, he believes all “easy out” discharges were upgraded to honorable.  He has no criminal record or felonies and has worked for Raytheon Corporation with a top secret clearance.  

In support of his request, he submits a copy of his DD Form 293, Application for Review of Discharge or Dismissal from the Armed Forces of the United States.  

The applicant’s submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

On 14 November 1955, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) for a period of 4 years.  

On 30 November 1956, he was charged with breaking restriction.  For this incident he received two weeks’ restriction.

On 25 March 1957, he was charged with failure to repair.  For this incident, punishment under Article 15, Uniform Code of Military Justice, was imposed.  He received 14 days’ restriction.  

From 29 May 1957 to 31 May 1957, he was charged with AWOL.  For this incident, punishment under Article 15, Uniform Code of Military Justice, was imposed.  He received two hours’ extra duty per day for 14 days.  

From 30 July 1957 to 20 August 1957, he was charged with AWOL.  For this incident, he was tried and convicted by a summary court-martial.  He was sentenced to perform hard labor for thirty (30) days and to forfeit fifty-five dollars ($55) of his pay.  

On 6 November 1957, the applicant was discharged with an other than honorable conditions discharge by reason of unfitness.  He had served 1 year, 10 months and 5 days on active duty.  He had 49 days lost time 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 13 August 2004, a copy of the Air Force evaluation was sent to the applicant for review and response.  On 9 September 2004, 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).

On 27 September 2004, in response to a letter inviting the applicant to submit evidence pertaining to his post-service activities, the applicant reiterated his initial contentions and indicated he was not guilty of the charges regarding his Article 15.  He understood he would be discharged with an undesirable discharge but did not understand he would lose all his privileges.  Applicant’s letter is at Exhibit F.

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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 that would lead us to believe the actions taken to effect his discharge were improper, or that the information in his discharge case file is erroneous.  In addition, in view of the contents of the FBI Identification Record and in the absence of documentary evidence by the applicant attesting to a successful post-service adjustment in the nearly 47 years since his separation, we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade on the basis of clemency.  In view of the above and in the absence of evidence by the applicant showing the information provided in the FBI report is incorrect, we find no basis on which 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, AFBCMR Docket Number 04-02357, in Executive Session on 14 October 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Jun 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 10 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04.
     Exhibit E.  FBI Report, dated 1 Sep 04.
     Exhibit F.  Letter, Applicant, dated 27 Sep 04.