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AF | BCMR | CY2003 | BC-2002-03800
Original file (BC-2002-03800.doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03800
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His general, under honorable  conditions,  discharge  be  upgraded  to
honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The Veterans Administration (VA) requested  a  change  from  an  under
honorable conditions discharge to honorable.

Applicant's appeal is attached at Exhibit A.
___________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular  Air  Force  on  24
February 1957.  He was promoted to  the  grade  of  Airman  3rd  Class
(A3C/E-2) with an effective and date of rank of 11 May 1957.

On 6 February 1959, the applicant  was  convicted  of  disturbing  the
peace and spent 6 days in civil confinement from  20  to  25  February
1959.  He received an Article 15 on 30 June 1959 for not reporting  to
duty and received two hours extra duty.  On 20 March 1960, he received
another Article 15 for not reporting to duty and was reduced in  grade
to Basic Airman (E-1).  On 9 May 1960, he received his  third  Article
15 for not reporting to duty and received 2 hours extra duty  for  two
weeks.  The  applicant’s  record  also  contains  several  letters  of
indebtedness from both civil and military authorities over the  period
of several years as well as records of  multiple  counseling  sessions
regarding the applicant’s financial misconduct.

On 15 June  1960,  the  applicant  was  notified  that  he  was  being
recommended for discharge due to the Air Force considering  him  unfit
to serve further.  The applicant acknowledged receipt of the discharge
action and waived his right to present  statements  to  a  board.   He
received a general discharge on 6 July 1960 under  the  provisions  of
AFR  39-17  (Unfitness).   The  applicant  was  not  recommended   for
probation and rehabilitation.  He had completed three (3) years,  four
(4) months and thirteen (13) days and was  serving  in  the  grade  of
Basic Airman at the time of discharge.

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on
documentation in the applicant’s file, the  discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation at the time.  DPPRS states that the applicant submitted  no
new evidence nor did he identify any errors in the processing  of  his
discharge.  There were no facts presented warranting a change  of  the
applicant’s discharge.  DPPRS noted also  that  the  request  was  not
timely.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 3
January 2003 for review and comment within 30 days.  As of this  date,
no response has been received by this office.

___________________________________________________________________

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 affect applicant’s discharge for  unfitness  were
improper or contrary to the provisions of the governing regulations in
effect at the time.  In  addition,  we  are  not  persuaded  that  the
characterization of the applicant’s discharge warrants an  upgrade  to
honorable  based  on  the  evidence  of  record  regarding   financial
mismanagement and three instances of nonjudicial  punishment.   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.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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 AFBCMR Docket Number BC-
2002-03800 in Executive Session on 23 April 2003, under the provisions
of AFI 36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. William H. Anderson, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 Dec 02.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Jan 03.




                                   CHARLES E. BENNETT
                                   Panel Chair

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