RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02395
		INDEX CODE:  110.02

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was given an undesirable discharge for a charge of being absent without leave (AWOL) and believes he was unjustly used as a scapegoat.  He was young and did not fully understand the consequences of his actions.

In support of his appeal, applicant submitted a copy of his DD Form 214, Report of Separation from Active Duty, dated 3 Nov 1975.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 May 1973.  Prior to the events under review, applicant was promoted to the grade of airman first class with an effective date and date of rank of 20 July 1975.

On 24 July 1975, he received an Article 15 punishment for failure to go to his appointed place of duty on or about 23 June and 24 June 1975.  His punishment consisted of reduction in grade to the rank of airman with an effective date and date of rank of 8 October 1975.

After receiving the notification of the Article 15, applicant went AWOL from 29 July 1975, until his status was upgraded to deserter on 30 August 1975.  Applicant was apprehended and returned to military control on 2 October 1975.

Court-Martial charges were preferred against the applicant for being absent without leave for a period of 65 days.

On 8 October 1975, after consulting with counsel, applicant submitted a request for discharge for the good of the service, in lieu of trial by court-martial.  On 16 October 1975, the assistant staff judge advocate recommended an undesirable discharge, without probation and rehabilitation (P&R).

On 30 October 1975, the Numbered AF commander approved the discharge, without P&R.

On 3 November 1975, applicant was discharged under the provisions of AFM 39-12, with service characterized as under other than honorable conditions and was issued an undesirable discharge certificate.  He was credited with 2 years, 5 months, and 16 days of active duty service during this enlistment (excludes 65 days due to AWOL and desertion).

On 6 December 1978, the Air Force Discharge Review Board (AFDRB) considered and denied applicant’s request to have his discharge upgraded.

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

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based on available documentation in the file, they found the discharge consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  They also noted applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and provided no other facts warranting a change to his character of service.  

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Aug 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

On 13 Sep 04, a copy of the FBI report was forwarded to the applicant for comment.  At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F).  As of this date, no response has been received by this office.

___________________________________________________________________

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.  The discharge appears to be in compliance with the governing regulations and we find no evidence to indicate that his separation from the Air Force was inappropriate.  We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

4.  Although the applicant did not specifically request consideration based on clemency, we also find insufficient evidence to warrant a recommendation that the discharge be upgraded on that basis.  We have considered applicant's overall quality of service, the events which precipitated the discharge, the contents of the FBI Report of Investigation, and the absence of evidence related to his post-service activities and accomplishments.  On balance, we do not believe that clemency is warranted.

___________________________________________________________________

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.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2004-02395 in Executive Session on 17 November 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 11 Aug 04.
    Exhibit E.  Letter, SAF/MRBR, dated 13 Aug 04.
    Exhibit F.  Letter, AFBCMR, dated 13 Sep 04.