RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01242
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to a general discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He became a compulsive gambler after being assigned to Las  Vegas  and
asked his commanding officer for help prior to his trouble.  Since  he
was unable to get help, he broke the law to stop  him  from  gambling.
In addition, he asks that his prior  service  be  considered  in  this
request.

In support of his request, the applicant submits a  copy  of  DD  Form
293, Application for the Review of Discharge  or  Dismissal  from  the
Armed Forces of the United States (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s two prior enlistments in the Regular Air Force (29 Oct
48 - 5 May 52 for a period of 3 years, 6 months and 7 days  of  active
duty service, and 6 May 52 - 6 May 55 for  a  period  of  3  years  of
active  duty  service)  reflect  he  was  honorably  discharged.    He
reenlisted in the grade of airman first class  on  23  May  55  for  a
period of 6 years.  He was progressively  promoted  to  the  grade  of
staff sergeant.

The applicant  was  notified  of  his  commander's  intent  to  impose
nonjudicial punishment (Article 15) for the following violations:

      a.  On or about 5 May 56, the applicant wrongfully  appropriated
$7.00, the property  of  a  gas  station  in  North  Las  Vegas.   The
commander, on 25 Jun 56, determined that applicant was guilty  of  the
offenses and imposed punishment consisting of a reduction to the grade
of airman first class (permanent) and a reprimand.  Applicant did  not
appeal the punishment.

      b.  On  or  about  5  Jul  56,  without  proper  authority,  the
applicant failed to go to his appointed place of duty.  The commander,
on 12 Jul 56, determined that applicant was guilty of the offenses and
imposed punishment consisting of reduction  to  the  grade  of  airman
second class (permanent) and a reprimand.  Applicant  did  not  appeal
the punishment.

      c.  On or  about  14  Aug  56,  without  proper  authority,  the
applicant absented himself  from  his  organization  and  remained  so
absent until on or about 15 Aug 56.  The  commander,  on  15  Aug  56,
determined that applicant was  guilty  of  the  offenses  and  imposed
punishment consisting of reduction to the grade of airman third  class
(permanent) and a reprimand.  Applicant did not appeal the punishment.

On 17 Aug 56, applicant was tried before a summary  court-martial   at
Nellis AFB.  He pled guilty to being AWOL  (15-16  Aug  56).   He  was
sentenced to confinement at hard labor for 15 days  and  reduction  to
the grade of airman basic.  The sentence was approved by the convening
authority on 17 Aug 56.

On 5 Dec 56, the applicant was recommended for discharge by reason  of
conviction by a Civil Court for  burglary,  with  a  suspended  2-year
state prison sentence, and placed on probation for a period of 1 year.
 He received an undesirable discharge on 10 Dec 56.  He had  completed
1 year, 4 months and 19 days of his current enlistment and was serving
in the grade of airman basic (E-1) at  the  time  of  discharge.   The
applicant had 59 days of lost time.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided an investigative report which is attached  at
Exhibit C.
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AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, stated that the  applicant  has
two honorable discharges (6 years, 6 months and 7 days) prior  to  his
undesirable discharge.  The commander recommended the applicant for an
undesirable discharge for a conviction by a civil court for an offense
(burglary) punishable by death or imprisonment for more than  1  year.
Based upon the documentation in the file, DPPRS believes the discharge
was consistent with the procedural and substantive requirements of the
discharge regulation.  DPPRS indicated  that  the  applicant  did  not
submit any new evidence or identify  any  errors  or  injustices  that
occurred  in  the  discharge  processing.   However,  considering  the
discharge was over 44 years ago, his previous  honorable  service  and
the type of offenses, DPPRS would recommend clemency.  If a  check  of
the FBI files proves negative,  DPPRS  recommended  the  discharge  be
upgraded to under honorable conditions (general) discharge.

A complete copy of this evaluation is appended at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  15
Jun 01 for review and response.  A copy of the FBI  investigation  was
forwarded to applicant on 22 Jun 01.  As of this date, no response has
been received by this office (Exhibit E).
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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.    After   careful
consideration of the available evidence, we found no  indication  that
the actions taken to  effect  his  1956  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  did  note,  as  the
applicant indicated, that his prior service  performed  from  1948  to
1955 was honorable.  We further noted that the applicant  provided  no
documents to substantiate that he has maintained the standards of good
citizenship in the community for the past 20 years.  Should he provide
such evidence (as relayed in our letter),  of  good  conduct  for  the
period of time which  has  elapsed,  this,  and  his  prior  honorable
discharges, could be a basis for reconsideration of his  appeal  based
on  clemency.   However,  in  view  of  the  contents   of   the   FBI
Identification Record and the lack of documentation provided  of  good
post-service conduct, we are not persuaded that  the  characterization
of the applicant’s discharge warrants an upgrade  to  general  on  the
basis of clemency at this time.  We therefore conclude that  no  basis
exists to recommend favorable action on the applicant request.
_________________________________________________________________

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 16 August 2001, under the provisions of  AFI  36-
2603:

                  Mr. Jackson A. Hauslein, Panel Chair
                  Mr. Roscoe Hinton Jr., Member
                  Mr. Lawrence R. Leehy, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 Apr 01, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Identification Record for 401980C.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 21 May 01.
   Exhibit E.  Letters, SAF/MIBR, dated 15 Jun 01, and AFBCMR,
               dated 22 Jun 01.




                                   JACKSON A. HAUSLEIN
                                   Panel Chair