RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01730
            INDEX CODE:  A67.10

      APPLICANT  COUNSEL:  None

            HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His  undesirable  discharge  be  changed  to  general  (under  honorable
conditions).

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APPLICANT CONTENDS THAT:

There were not enough charges  to  warrant  the  type  of  discharge  he
received.

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 7 Oct 49, the applicant enlisted in  the  regular  Air  Force  for  a
period  of  four  years.   During  this  period  of  service,   he   was
progressively promoted to airman second class (E-3).  His character  and
efficiency were rated “excellent” on 5 occasions and  he  was  favorably
recommended for the Good Conduct Medal.  On 22 Jun 53, he was  honorably
discharged and subsequently reenlisted on 23 Jun 53.

On 27 May 53, the applicant was charged with an Article 15, UCMJ 51, for
being absent without leave.  On 25 Jun 53, his commander was notified by
xxxxxx Non-Commissioned  Officer’s  (NCO)  Club  that  his  account  was
delinquent in the amount of $20.00.  On 24 Jul  53,  the  commander  was
notified by the San Antonio Merchants Association that the applicant had
a delinquent debt of $38.43.

On 3 Aug 53, the applicant was charged with an  Article  15,  UCMJ,  for
being out of uniform.  On 10 Aug 53, he was  reduced  to  the  grade  of
Airman 3rd Class under the provisions of Article 15, UCMJ,  for  failure
to report at appointed time to his place of  duty  and  making  a  false
statement.  In Aug 53, the applicant’s commander was notified by Mission
Jewelry Company that he had a delinquent debt of $100.00, and on 12  Jan
54, his commander was also notified  by  J.  Davy  Care  Hire,  LTD,  of
another delinquent debt.

On 1 Feb 54, the applicant was charged with an Article 15, UCMJ 51,  for
being absent without leave.  On 24  Feb  54  the  applicant  waived  his
entitlement to appear before the board and requested  discharge  without
benefit of board proceedings.

It was reported to the commander that on or about 7 May 54 the applicant
failed to repair for duty as directed  and  that  he  was  removed  from
formation because of he smelled like whiskey or alcohol on 8 May 54.  As
a result of his actions, the applicant was reduced to Airman Basic  (AB)
and reprimanded.  The applicant did not appeal from this punishment.  On
14 May 54, the applicant was discharged as an AB, under  the  provisions
of AFR 39-17, and given an Undesirable discharge.

On 25 Oct 54, the Air Force Discharge Review Board  (DRB)  examined  and
reviewed the applicant’s request for  discharge  upgrade  and  concluded
that the evidence submitted was insufficient to warrant a change in  the
type or nature of his discharge, and accordingly denied his request (see
Exhibit C).

Pursuant to the Board’s request, the Federal  Bureau  of  Investigation,
Clarksburg, WV, provided an investigation record, which is at Exhibit D.

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AIR FORCE EVALUATION:

AFPC/DPPRS stated the applicant did not provide evidence that  an  error
occurred during his discharge processing.   However,  based  upon  their
review of his record, considering he was discharged over 46  years  ago,
and the fact he had honorably  completed  one  prior  enlistment,  DPPRS
recommended clemency in  the  form  of  an  under  honorable  conditions
(general) if a check of the FBI files proves negative.

A complete copy of this evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 Aug 00, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and comment  and  on  29  Aug  00,  an  Information
Bulletin, Upgrade of Discharge - Clemency, and a copy of the FBI  report
was sent to the applicant for review and comment within 30 days.  As  of
this date, this office has received no response (see 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 probable error or injustice.  We are not persuaded  by  the
evidence presented that  the  applicant’s  discharge  was  erroneous  or
unjust.  It appears that the applicant was afforded every right to which
he was entitled during the discharge processing and, other than his  own
assertions, he has provided no evidence that the  discharge  proceedings
were  improperly  initiated  or  that  his   commanders   abused   their
discretionary authority.  We have noted the recommendation  by  the  Air
Force that the applicant’s discharge be upgraded based on clemency if  a
check of the FBI records  revealed  no  information  pertaining  to  the
applicant.  However, the FBI  did  provide  information  of  a  negative
nature pertaining to the applicant.  In view of this  fact  and  in  the
absence of evidence by the applicant attesting  to  a  successful  post-
service adjustment in the years after his last  involvement  with  civil
law enforcement authorities, we are not inclined to extend  clemency  in
this case.   Accordingly,  the  applicant’s  request  is  not  favorably
considered.

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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.

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The following members  of  the  Board  considered  this  application  in
Executive Session on 15 November 2000 under the provisions  of  AFI  36-
2603:

      Mr. Benedict A. Kausal IV, Panel Chair
      Mr. Christopher Carey, Member
      Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 July 2000, with attachment.
    Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  AFDRB Examiner’s Brief, dated 25 October 1954.
    Exhibit D.  FBI Report of Investigation, dated 8 September 2000.
      Exhibit E.  Letter, AFPC/DPPRS, dated 18 July 2000.
    Exhibit F.  Letters, SAF/MIBR and AFBCMR, dated 11 August 2000,
                        29 August 2000, and 12 October 2000.




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair