RECORD OF PROCEEDINGS
          AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS




 IN THE MATTER OF:     DOCKET NUMBER:  01-01410
            INDEX CODE:  110.00


            COUNSEL:  NONE


            HEARING DESIRED:  NO




 _________________________________________________________________


 APPLICANT REQUESTS THAT:


 His under other than honorable conditions discharge be upgraded  to
 honorable.


 _________________________________________________________________


 APPLICANT CONTENDS THAT:


 He had less than six months to serve but was discharged  to  reduce
 the ranks of the Air Force.


 Applicant’s complete submission is attached at Exhibit A.


 _________________________________________________________________


 STATEMENT OF FACTS:


 On 9 May 56, the  applicant  enlisted  in  the  Regular  Air  Force
 (RegAF) for a period of four years in the grade of airman basic.


 The applicant was absent without leave (AWOL) from  10 Sep -  2 Oct
 56.  He received a summary court-martial for violation  of  Article
 86, Uniform Code of Military Justice  (UCMJ).   The  applicant  was
 reduced to the grade of airman basic, confined at hard labor for 30
 days, and fined $55.  The sentence was  adjudged  and  approved  on
 5 Oct 56.


 On 6 Oct 57,  the  applicant,  with  intent  to  deceive,  made  an
 official statement that was wholly false and known to the applicant
 to be false.  He received a summary court-martial for violation  of
 Article 107, UCMJ.  He was fined $25 and received 30 days  of  hard
 labor, which was suspended for 60 days.  Sentence was adjudged  and
 approved on 11 Apr 57.














 On 27 Oct 59, the applicant  received  an  Article  15,  UCMJ,  for
 deliberately failing to comply with the aircraft maintenance  check
 list.  Applicant agreed to accept punishment under  Article  15  in
 lieu of demanding trial by court-martial.  He  offered  nothing  in
 mitigation, extenuation, or defense.  He was reduced to  the  grade
 of airman third class.


 On 30 Nov 59, in violation of Article 92, UCMJ, applicant failed to
 obey a lawful order issued by the shop Noncommissioned  Officer-in-
 Charge (NCOIC) and received two hours of extra duty  a  day  for  a
 period of 14 days.


 On 3 and  4 Jan  60,  the  applicant  failed  to  go  at  the  time
 prescribed to his appointed place of duty.  He received  a  summary
 court-martial for violation of Article 86, UCMJ.  He  was  confined
 at hard labor for 30 days, reduced to the grade of airman basic and
 forfeited $70.  Sentence was adjudged and approved on 6 Jan 60.


 On 15 Feb 60, the applicant was discharged under the provisions  of
 AFR 39-17 (Attrition, Unfitness) in the grade of airman basic  with
 an  under  other  than  honorable  conditions  discharge.   He  was
 credited with 3 years, 6 months, and 21 days of active service with
 76 days of lost time.


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


 _________________________________________________________________


 AIR FORCE EVALUATION:


 The Assistant NCOIC,  Separation  Procedures  Section,  AFPC/DPPRS,
 reviewed  this  application  and  indicated  that  based  upon  the
 documentation in the file, the discharge was  consistent  with  the
 procedural  and   substantive   requirements   of   the   discharge
 regulation.  Additionally,  the  discharge  was  within  the  sound
 discretion of the  discharge  authority.   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  41  years  ago  and  the  type  of  offenses,  DPPRS
 recommends clemency.  If a check of the FBI files proves  negative,
 they  recommend  the  discharge  be  upgraded  to  under  honorable
 conditions (general).


 A complete  copy  of  the  Air  Force  evaluation  is  attached  at
 Exhibit D.


 _________________________________________________________________








 APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


 Applicant reviewed the Air Force evaluation and indicated  that  he
 would like to add that  he  is  grateful  for  the  opportunity  to
 respond and that he appreciates  the  consideration  taken  on  his
 behalf.  He stated that he expects to live for several  more  years
 but when his time is up, it would be nice to  leave  with  a  clean
 record.


 Applicant’s complete response is attached at Exhibit F.


 On 17 Aug 01, a copy of the FBI report and  a  request  to  provide
 additional evidence pertaining to his post-service  activities  was
 sent to the applicant (Exhibit G).


 On  23 Aug  01,  applicant  provided  a  statement  explaining  his
 activities since leaving the service.


 Applicant’s complete response is attached at 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 circumstances of this case, we are not
 persuaded that the discharge action was in error  or  unjust.   The
 evidence of record supports  the  stated  reasons  for  applicant’s
 discharge, i.e., AWOL (which resulted in 76  days  of  lost  time),
 court-martials, and an Article  15.   Therefore,  in  our  opinion,
 responsible officials applied appropriate  standards  in  effecting
 the  applicant’s  involuntary  separation,  and  we  did  not  find
 persuasive evidence that pertinent regulations were violated at the
 time of his discharge.  Based on a  review  of  the  limited  post-
 service evidence provided and in view of the contents  of  the  FBI
 Identification Record, we are not persuaded that an upgrade of  the
 characterization of the applicant’s discharge is warranted  on  the
 basis of clemency.  In view of the foregoing, and in the absence of
 evidence to the contrary, we  conclude  that  no  basis  exists  to
 recommend favorable action on the applicant’s 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 2 October 2001, under the  provisions  of  Air
 Force Instruction 36-2603:


                  Mr. Thomas S. Markiewicz, Vice Chair
                  Ms. Diane Arnold, Member
                  Mr. John E.B. Smith, Member


 The following documentary evidence was considered:


      Exhibit A.  DD Form 149, dated 4 Jun 01, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Identification Record.
      Exhibit D.  Letter, AFPC/DPPRS, dated 19 Jun 01.
      Exhibit E.  Letter, AFBCMR, dated 13 Jul 01.
      Exhibit F.  Letter fr applicant, dated 11 Aug 01.
      Exhibit G.  Letter, AFBCMR, dated 17 Aug 01.
      Exhibit H.  Letter fr applicant, dated 23 Aug 01.








                                    THOMAS S. MARKIEWICZ
                                    Vice Chair