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AF | BCMR | CY2003 | BC-2002-03899
Original file (BC-2002-03899.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03899
            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  Veteran’s  Administration  (VA)  told  him  that  an  upgrade  to
honorable could be obtained by request.

His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 3 January 1957.  He
was progressively promoted to the grade of A/3C (E-2) with a  date  of
rank of 17 July 1958.

On 27 May 1958, applicant violated regulations by improper wearing  of
the fatigue uniform.  His pass privileges were revoked for a  two-week
period.  Applicant received an Article 15 on 11 June 1958 for entering
Mexico without valid leave orders and was reduced in grade  to  Airman
Basic (AB/E-1).

Applicant received notification on 2 October 1958 that  he  was  being
recommended for discharge due to unsuitability.  He waived  his  right
to submit a rebuttal to the discharge authority and concurred with the
recommendation of his commander.  He received a general discharge with
service characterization  of  under  honorable  conditions  under  the
provisions of AFR  39-16,  Discharge  of  Airmen  During  Their  First
Enlistment.  He had served a total of 1 year, 8 months and 13 days (18
days of lost time), and was serving in the grade of A/3C at  the  time
of discharge.


AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial noting that  the  applicant  provided  no
evidence to support his claim.  Nor did  the  applicant  identify  any
errors or injustices that may have occurred during the  processing  of
his discharge.  DPPRS states that the discharge  was  consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation and  that  it  was  within  the  sound  discretion  of  the
discharge authority.

DPPRS’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
18 April 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 error or injustice.  We find no  impropriety  in  the
characterization  of   applicant's   discharge.    It   appears   that
responsible officials applied appropriate standards in  effecting  the
separation, and we do not  find  persuasive  evidence  that  pertinent
regulations were violated or that applicant was not afforded  all  the
rights to which entitled at  the  time  of  discharge.   We  conclude,
therefore,  that   the   discharge   proceedings   were   proper   and
characterization of the discharge  was  appropriate  to  the  existing
circumstances.

4.    Because the applicant has provided no  documentation  concerning
post-service conduct, the Board finds nothing to warrant an upgrade of
his discharge on the basis of clemency.  However,  should  he  provide
statements from community leaders and acquaintances attesting  to  his
good character and reputation and other evidence of  successful  post-
service rehabilitation, this Board will reconsider this case based  on
the new evidence.  We cannot, however, recommend approval based on the
current evidence of record.

_________________________________________________________________

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-
2002-03899 in Executive Session on 5 June 2003, under  the  provisions
of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Mar 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 10 Apr 03.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.




                                   ROBERT S. BOYD
                                   Panel Chair

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