RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02136

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge for fraudulent enlistment be set aside and he  receive  active
duty credit for an honorable discharge.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was never convicted of any crime prior to his  enlistment  into  the  Air
Force.

Prior to  his  enlistment,  he  was  detained  on  three  occasions  by  the
Department of Juvenile Justice (i.e., twice for running away from  home  and
once for petty larceny).  In addition, when he was sixteen and  living  with
his uncle who was a heroin addict, he was arrested  along  with  his  uncle,
when the police arrested his uncle for drug possession.  However,  the  case
against him was dismissed because he was never  in  the  possession  of  any
drugs.  He advised the recruiter of  this  information  and  was  told  that
since he was never convicted and  the  incidents  occurred  when  he  was  a
juvenile, he did not have to disclose  the  information.   He  believes  his
discharge is unjust because he was following the direction of  his  superior
at the time.

In support of the appeal, the applicant submits his personal statement.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on  8 May  1973
for a period of four years.

On 11 October 1973, he received notification that he was  being  recommended
for discharge for fraudulent enlistment.  Specifically, that  he  failed  to
disclose that on 2 November 1971, he was arrested for possession  of  drugs.
He  waived  his  right  to  an  Administrative  Discharge  Board  (ADB)  and
submitted statements in his own behalf.  The  discharge  authority  approved
his discharge, without probation and rehabilitation.

On 16 November 1973, he was honorably discharged  under  the  provisions  of
AFR 39-12 (Fraudulent Enlistment).  He was not given credit for any time  on
active duty.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided  an  investigative  report  which  is  attached  at
Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
the discharge was consistent with the discharge regulation  and  within  the
discretion of the  discharge  authority.   The  applicant  has  provided  no
evidence or identified any errors or injustices to warrant a change  in  his
discharge.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 25 July 2003 for review and response within 30 days.  In addition,  on  2
September 2003, a complete copy of  the  FBI  Report  of  Investigation  was
forwarded  to  the  applicant  for  review  and  response  within  30  days.
However, as of this date, this office has received no response.

_________________________________________________________________

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.  After thoroughly  reviewing  the  evidence
of record and  noting  the  applicant’s  complete  submission,  we  find  no
evidence of  error  or  injustice.   In  this  respect,  we  note  that  the
discharge appears to be in  compliance  with  the  governing  regulation  in
effect at the time of his separation and we find  no  evidence  to  indicate
that his separation from the  Air  Force  was  inappropriate.   We  find  no
evidence  of  error  in  this  case  and  after  thoroughly  reviewing   the
documentation that has been submitted in support of applicant's  appeal,  we
do not believe he has suffered from an injustice.  Therefore, based  on  the
available evidence of record, we find  no  basis  upon  which  to  favorably
consider this application.

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 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  Docket  Number  BC-2003-02136
in Executive Session on 8 October 2003, under  the  provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Martha Maust, Member
                       Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 May 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 16 Jul 03.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.
    Exhibit E.  FBI Investigative Report.




                                   THOMAS S. MARKIEWICZ
                                   Chair