RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-02190
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1957 general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his discharge was upgraded to honorable 30 years  ago.  He
needs paperwork to replace what he has misplaced.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military records with  regard  to  the  discharge  are
scant. The available records reveal he enlisted  in  the  Regular  Air
Force on 29 Aug 55 for four years.

On 23 Oct 56, he pled guilty and was found guilty by a Summary  Court-
Martial (SCM) of failure to go to his place of duty on 20 and  22  Oct
56. He was confined to hard labor for one month and forfeited  $30.00.
On 26 Oct 56, he was reduced from airman third class to  airman  basic
for misconduct or inefficiency.

An  undated  memo  by  the  applicant’s  commander  reports  that  his
efficiency was satisfactory and his character was good.  However,  the
commander also noted the applicant was not always prompt for work, had
a tendency to be late for formations,  required  maximum  supervision,
and needed constant instructions on maintaining  military  appearances
and orderly quarters. An 18 Sep 57 memo from the  discharge  authority
ordered a general discharge.

On 25 Sep 57, after two years and seven days of  active  service,  the
applicant was released from active duty for  the  convenience  of  the
government with a general characterization and transferred to the  Air
Force Reserves on 26 Sep 57.

He was redesignated as Standby Reserve on 16 Nov 57 and was  honorably
discharged from the Air Force Reserves  for  the  convenience  of  the
government prior to expiration of term of service effective 31 Jul 61.

Pursuant to the Board's request, the Federal Bureau  of  Investigation
(FBI), Washington, D.C., provided an investigative  report,  which  is
attached at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS believes the 25 Sep 57 general discharge was  consistent
with the discharge regulation in effect at the  time  and  within  the
discretion of the discharge  authority.  They  believe  the  honorable
discharge the applicant referred to in his appeal  was  the  honorable
discharge he received from the Air Force Reserve on 31 Jul 61.  Denial
is recommended.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 1 Aug 03 for review and comment  within  30  days.   This
office received no response and,  on  14  Aug  03,  the  AFBCMR  Staff
invited the applicant to submit post-service information in support of
his case. The applicant responded with a statement and  two  character
references, one from a cousin and another from a former  employer.  He
claimed he told a review board that questioned him about the SCM  that
he did not like being in the Air Force, especially if he could not  be
with the Air Police. He also alleged that a year after  his  discharge
he became the single parent of a son who now serves as a policeman. He
received custody of a younger son, who lives with him still. He is now
retired after working for over 30 years  at  Rutger’s  University.  He
believes he’s learned a great deal over the years.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit G.

On 28 Aug 03, the AFBCMR Staff forwarded a  copy  of  the  FBI  Report
(Exhibit C) to the applicant for review and comment within 14 days. As
of this date, this office has received no response.

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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 a thorough  review  of  the
available evidence of record and the applicant’s  submission,  we  are
not persuaded that his 1957 general discharge from active duty  should
be upgraded. The applicant has provided no  persuasive  evidence  that
his discharge was improper  or  contrary  to  the  provisions  of  the
governing regulations in effect at the time, or that the actions taken
against him were based on factors other than his  own  misconduct.  We
noted the character references submitted in his behalf from  a  cousin
and a former employer.  However,  the  FBI  Report  reveals  that  the
applicant’s misconduct continued after his discharge. In our view, his
somewhat sparse submission does not overcome his  military  and  post-
service transgressions. Having found no error or injustice with regard
to the actions that  occurred  while  the  applicant  was  a  military
member, or a sufficient basis for  clemency,  we  conclude  that  this
appeal should be denied.

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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  this  application  in
Executive Session on 2 October 2003 under the provisions  of  AFI  36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. Laurence M. Groner, Member
                 Mr. J. Dean Yount, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-02190 was considered:

   Exhibit A.  DD Form 149, dated 8 Jul 03.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 28 Jul 03.
   Exhibit E.  Letter, SAF/MRBR, dated 1 Aug 03.
   Exhibit F.  Letter, AFBCMR, dated 14 Aug 03
   Exhibit G.  Letter, Applicant, dated 20 Aug 03, w/atchs.
   Exhibit H.  Letter, AFBCMR, dated 28 Aug 03.



                                   WAYNE R. GRACIE
                                   Panel Chair