RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01479
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

His actions at the time were wrong and he takes complete responsibility  for
them.  At the age of 17, he did not realize that his  actions  would  follow
him throughout his life.  Given the current status of our country, he  would
like to feel proud for the time he did serve his country.  If  there  was  a
chance to serve again, he would do so immediately.

In support of his request, he submits a personal statement,  two  supportive
statements and a copy of his DD Form 214.

The applicant’s submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 20 November 1951, the applicant enlisted in the Regular Air Force at  the
age of 17 in the grade of airman basic (E-1) for a period of 4 years.

From 13 January 1952 to 26 January 1952, he was charged with Absent  Without
Leave (AWOL).  For this incident, he was ordered to  be  restricted  to  the
limits of his squadron area for a period of sixty (60) days and  to  forfeit
fifty dollars ($50) of his pay.

From 11 August 1952 to 19 August 1952, he was charged with AWOL.   For  this
incident, he was convicted by a Summary Court-Martial.  He was sentenced  to
confinement at hard labor for 24  days  and  forfeiture  of  thirty  dollars
($30.00) of his pay for one month.

On 29 December 1952, he was charged with violating  restriction.   For  this
incident, he was convicted by a Summary Court-Martial. He was  sentenced  to
confinement at hard labor for 24 days and forfeiture  of  fifty-two  dollars
($52) of his pay.

From 9 April 1953 to 13 April 1953, he was  charged  with  AWOL.   For  this
incident, he was convicted by a Summary Court-Martial.  He was sentenced  to
confinement at hard labor for fifteen (15) days and  forfeiture  of  twenty-
four dollars ($24) of his pay.

From 30 August 1953 to 11 September 1953, he was confined in civilian  jail.
 He was charged with driving to endanger.

On 29 May 1953, discharge proceedings were initiated against the  applicant
under the provisions of AFR 39-17 (Unfitness).  It was recommended that the
applicant  be  required  to  appear  before  a  Board  of  Officers.   This
recommendation was approved and the applicant was notified on 8  July  1953
that he was to meet a Board of Officers appointed in accordance with AFR 39-
17 and the reasons such action was being taken.  The applicant was  advised
of his rights.  The board convened on 14  July  1953.   The  applicant  was
present and was represented by counsel.  After reviewing the  evidence  and
hearing the testimony, the board  found  the  applicant  gave  evidence  of
habits and traits of character, which rendered his retention in the service
undesirable.  The board recommended he be discharged under AFR  39-17  with
an undesirable discharge.   On  3  August  1953,  the  discharge  authority
approved the board’s findings and recommendations.  On  21 September  1953,
the applicant was discharged under the provisions of AFR 39-17 (Unfitness),
with an undesirable discharge.  He was credited with 1 year, 10 months  and
2 days of total active service.  Time lost was 116 days  due  to  AWOL  and
confinement.

On 19 November 1954,  3  August  1955  and  23  June  1958,  the  Air  Force
Discharge Review Board considered and denied the applicant’s requests for  a
discharge upgrade.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative  report  pertaining  to  the  applicant,
which is at Exhibit F.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS  states  that  based
upon the documentation in the file, the discharge was  consistent  with  the
procedural and substantive requirements of the discharge regulation.   DPPRS
further states that the applicant has  not  provided  any  new  evidence  or
identified  any  errors  or  injustices  that  occurred  in  the   discharge
processing.

The DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 May 2002, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review  and  comment.   As  of  this  date,  this  office  has
received no response (Exhibit D).

On 11 June 2002, a letter was forwarded to the applicant suggesting that  he
consider providing evidence pertaining to his post-service  activities.   As
of this date, this office has received no response (Exhibit E).

On 28 June 2002, a copy of the FBI report was  forwarded  to  the  applicant
for review and comment.  As of  this  date,  this  office  has  received  no
response (Exhibit F).

On 12 July 2002,  a  letter  from  Congressman  Markey’s  office  requesting
assistance in upgrading applicant’s discharge was received  by  this  office
(Exhibit G).

_________________________________________________________________

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 applicant specifically  requests  that
his discharge be upgraded based on clemency considerations and has  provided
some limited evidence pertaining to  his  post  service  activities.   Other
than the assertions of the applicant,  documentary  evidence  has  not  been
provided which would lead us to believe that the applicant’s  discharge  was
contrary to the provisions of the discharge directive  under  which  it  was
effected, that his commanders abused their discretionary authority, or  that
the  information  contained  in  the  discharge  case  file  was   factually
incorrect.  In addition, an FBI record provided information  of  a  negative
nature pertaining to the applicant.   In  view  of  this  fact  and  in  the
absence  of  more  expansive  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.

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 5 September 2002, under the provisions of AFI 36-2603:

      Mr. Albert F. Lowas, Jr, Panel Chair
      Ms. Ann-Cecile McDermott, Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 April 2002 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 21 May 2002.
      Exhibit D.  Letter, SAF/MRBR, dated 24 May 2002.
      Exhibit E.  Letter, AFBCMR, dated 11 June 2002.
      Exhibit F.  Letter, FBI Report, dated 28 June 2002 w/atchs.
      Exhibit G.  Letter, Congressman Markey, dated 12 July 2002.





                                   ALBERT F. LOWAS, JR
                                   Panel Chair