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AF | BCMR | CY2003 | BC-2003-00970
Original file (BC-2003-00970.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00970
            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:

While he does not disagree with the  original  discharge  he  was  not
aware that he could request an upgrade until  this  year.   He  states
that in 1956 his mother and father passed away leaving a fourteen-year-
old son; the applicant’s brother.   After  being  passed  around  from
place to place, his brother asked him for help.  He did not  give  his
sibling’s care as a reason for wanting out of the Air Force but he did
feel responsible for taking care of his brother.   The  discharge  has
haunted him since he received it.

In support of his appeal, he has included copies of his  DD  Form  293
and DD Form 214.  His appeal, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 17 March 1955.   He
was progressively promoted to the grade of Airman Third Class  (A3C/E-
2) with an effective and date of rank of 3 June 1955.

On 3 April 1958, applicant received  an  Article  15  for  failure  to
repair.  He was restricted to MacDill AFB for 2 weeks.   It  was  also
noted that the applicant  was  counseled  numerous  times  because  he
refused to work, he was unable to accomplish simple  tasks  and  other
assignments were either not done satisfactorily or were untimely.   He
was counseled on his unsatisfactory appearance and general refusal  to
obey orders.

On 11 April 1958, he was notified that his commander was  recommending
him for discharge under the auspices of Air Force Regulation (AFR) 39-
16, Attrition, Inaptitude, or Unsuitability.   On  19  June  1958,  he
received a general discharge with service  characterization  of  under
honorable conditions.  He had served a total of 3 years, 3 months  and
3 days and was serving in the grade of A3C at the time of discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial  noting  that  the  applicant  did  not
identify any  errors  or  injustices  during  the  processing  of  his
discharge.  DPPRS states that the discharge was  consistent  with  the
procedural and substantive requirements of the discharge regulation of
the day and  that  it  was  within  the  discretionary  power  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 an  error  or  injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  Therefore, in the absence of evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application.

_________________________________________________________________

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-
2003-00970 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 24 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 11 Apr 03.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Apr 03.




                                   ROBERT S. BOYD
                                   Panel Chair

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