RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00220
            INDEX NUMBER:  110.02, A68.00
                                A92.31

            COUNSEL:  NONE

            HEARING DESIRED:  YES

___________________________________________________________________

APPLICANT REQUESTS THAT:

His 10 September 1956 dishonorable discharge be upgraded to honorable.
___________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was racially motivated.  He was fighting two  Caucasians
and no one got time in jail but him.

Applicant’s request is at Exhibit A.
___________________________________________________________________

STATEMENT OF FACTS:

On 27 May 1955, applicant enlisted in the  Regular  Air  Force  for  a
period of four years.  His highest grade held was airman  third  class
(E-2).  Prior to the events under review, the record reflects that, on
13  December  1955,  the  applicant  received  punishment  under   the
provisions of Article 15, UCMJ, for using profane language and talking
in a loud manner at the Airman’s Club.  The punishment consisted of  a
reduction in grade to airman basic  (E-1)  and  a  reprimand  for  his
conduct.

On 10 April 1956, applicant was arraigned and tried by general  court-
martial on three charges of violation of the Uniform Code of  Military
Justice (UCMJ).  Specifically, Article 91, for assault on  an  NCO  by
striking him with a two-hole paper punch; Article 128, for assault  on
an airman with a dangerous weapon, to wit:  a knife  with  a  ten-inch
blade; and Article 134, for wrongfully communicating a threat, to wit:
 “I’ll kill you,” or words to that effect.   The  applicant  pled  not
guilty to the charges; he was found guilty of all  the  specifications
and charges.  The sentence  consisted  of  a  dishonorable  discharge,
confinement at hard labor for four years, and forfeiture  of  all  pay
and allowances.

On 10 September 1956, he was discharged  under  other  than  honorable
conditions, under the provisions  of  AFR  39-18,  paragraph  3a,  and
issued a dishonorable discharge certificate.  He was credited  with  9
months and 16 days of service (excludes 183 days of lost time  due  to
confinement).

The  applicant  was  paroled  on  12  September  1958  from   the   US
Disciplinary Barracks.  He was released from parole on 19 April 1959.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report  pertaining
to the applicant, which is attached at Exhibit C.
___________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch,  AFPC/DPPRS,  reviewed  this  application  and
recommended denial,  stating  the  applicant  has  not  submitted  any
evidence to support his claim of racial  motivation  that  caused  his
court-martial conviction or identify any errors in  the  court-martial
proceedings or the discharge processing that caused him an  injustice.
(Exhibit D)
___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided his expanded comments  regarding  racial  injustice
and the reasons why he believes his discharge should  be  upgraded  to
honorable.

Applicant’s complete statement is at Exhibit F.

On 9 July 1999, the applicant was offered the opportunity  to  provide
additional information concerning his  activities  since  leaving  the
service (Exhibit G).

Applicant  provided  four  letters  of  character  reference   and   a
newsletter from his church.  (Exhibit H)
___________________________________________________________________

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  probable  error  or  injustice.    After   careful
consideration of the available evidence, we found no evidence that the
applicant’s  court-martial  action  and  subsequent   discharge   were
improper or contrary to the provisions of the governing regulations in
effect at the time, or that the actions taken  against  the  applicant
were based on factors other than his own misconduct.   We  have  noted
the  letters  of  character  reference  submitted  in  behalf  of  the
applicant.  However, 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 to honorable 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  grant  favorable  action  on  his
request.

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  that  the  evidence  presented  did  not
demonstrate the existence of probable  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  this  application  in
Executive Session on 28 September 1999, under the provisions of AFI 36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Jan 99.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Identification Record.
    Exhibit D.  Letter, AFPC/DPPRS, dated 15 Apr 99.
    Exhibit E.  Letter, SAF/MIBR, dated 3 May 99.
    Exhibit F.  Statement from Applicant, dated 1 Jun 99.
    Exhibit G.  Letter, AFBCMR, dated 9 Jul 99, w/atch.
    Exhibit H.  Four Letters of Character Reference,
                Church Newsletter.




                                   CHARLENE M. BRADLEY
                                   Panel Chair