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AF | BCMR | CY2003 | BC-2003-02627
Original file (BC-2003-02627.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02627
            INDEX NUMBER: 100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to a general (under honorable
conditions) discharge.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

At the time of his discharge, he  was  young  and  foolishly  fought  often,
especially when drinking.  He is currently 65 years old and has been a  hard
working taxpayer all his life.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16 February 1956,  for  a
period of four years.

On 4 May 1959, he received notification that he was  being  recommended  for
discharge due  to  frequent  involvement  of  a  discreditable  nature  with
military  authorities.   Specifically,  he  committed  an  assault  upon   a
noncommissioned officer by striking him to the ground  with  his  fists  and
then kicking him in the back, and intentionally  inflicted  grievous  bodily
harm, and being drunk and disorderly  for  which  he  received  two  special
courts-martial.  He also received two Article 15s for being  derict  in  the
performance of his duties and being absent from a squadron formation.  On  2
July 1959, he was discharged under the provisions of AFR 39-17  (Unfitness),
with an undesirable discharge.  He had completed a total of 3 years  and  10
days of active service (excludes 128 days lost time due to confinement).




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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the  application  be  denied.  AFPC/DPPRS  states,  in
part, that based upon the  documentation  in  the  file,  they  believe  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation at that time.  Additionally, the  discharge  was
within the sound discretion of the discharge authority.  The  applicant  did
not submit any new evidence  or  identify  any  errors  or  injustices  that
occurred in the discharge processing.

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 12 September 2003 for review and response within 30 days.   In  addition,
on 31 October 2003, a copy of the FBI Report of Investigation was  forwarded
to the applicant for review and response.  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 probable 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
applicant’s discharge appears to be in compliance  with  the  governing  Air
Force Regulation in effect  at  the  time  of  his  separation  and  he  was
afforded all the rights to which entitled.  The applicant  has  provided  no
evidence to indicate that his separation due to frequent  involvement  of  a
discreditable  nature   with   military   authorities   was   inappropriate.
Furthermore, the FBI  Report  of  Investigation  indicates  that  since  his
discharge, he has continued to be involved with authorities (i.e.,  forgery,
assault and battery, resisting arrest,  aggravated  battery  with  a  deadly
weapon, and charges of driving while intoxicated).  Therefore,  in  view  of
the above, and in the absence of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be upgraded on the basis of  clemency.   We  have  considered  the
service member's overall quality of service, the events  which  precipitated
the discharge, and the FBI Investigative Report.   On  balance,  we  do  not
believe that clemency is warranted.

_________________________________________________________________

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-2003-02627
in Executive Session on 3 December 2003, under the  provisions  of  AFI  36-
2603:

                       Ms. Charlene M. Bradley, Panel Chair
                       Ms. Michelle Grace, Member
                       Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 29 Aug 03.
    Exhibit D.  Letter, SAF/MRBR, dated 12 Sep 03.
    Exhibit E.  Letter, AFBCMR, dated 31 Oct 03, w/atchs.
    Exhibit F.  FBI Report of Investigation.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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