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AF | BCMR | CY2004 | BC-2003-03100
Original file (BC-2003-03100.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03100
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was 16 years old and was  not  making  enough  money  to  feed  his
family.

In support of the appeal,  applicant  submits  a  personal  statement.
Applicant's submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 18 October 1951, the applicant enlisted in the  Regular  Air  Force
with his mother’s consent in the grade of private for a period of four
years.  His age at enlistment was 17 years and 20 days.   The  highest
rank attained by the applicant was A/3C (E-2).  Evidence in the record
indicates that the applicant first applied for a Class Q Allotment for
his spouse in July 1953.  According to the applicant’s DD Form 214, he
was reduced to the grade of airman basic on 28 July 1954.  During  his
service, his character and efficiency  were  rated  “excellent”  on  1
December 1951 and 15 December 1951.  His character and efficiency were
rated “good” and “satisfactory,” respectively, on 15 June 1952 and  19
February 1954.  His character and efficiency  were  rated  “poor”  and
“unsatisfactory” on 8 November 1954.

The applicant was convicted  by  a  Summary  Court-Martial  for  being
absent without leave (AWOL) 11-30 March 1952 and was confined at  hard
labor for 30 days and fined $25.  He was convicted by a Special Court-
Martial for being AWOL from 3 September  to  3 October  1952  and  was
confined at hard labor for three months and fined $126.   He  received
another Summary Court-Martial for being AWOL 2-28 July  1954  and  was
confined at hard labor for 30 days and fined $28.

On 23 September 1954, the applicant’s commander initiated a  statement
recommending that the applicant be discharged under the provisions  of
AFR 39-17 because of unfitness.  On 5 October 1954,  after  consulting
military legal counsel, he waived his entitlement to appear  before  a
board and requested to be discharged  without  the  benefit  of  board
proceedings.   The  discharge  authority  approved  his  request   for
separation on 2 November 1954.  The discharge authority directed  that
the applicant be discharged with an undesirable discharge.

The applicant was discharged from the Air Force  on  8  November  1954
under the provisions of AFR  39-17  (unfitness)  with  an  undesirable
discharge.  He had served 2 years, 7 months  and  20  days  on  active
duty. Time lost was 151 days due to AWOL and confinement.

The Federal Bureau of  Investigation  (FBI)  provided  a  copy  of  an
investigative report pertaining to the applicant, which is at  Exhibit
E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP states that they believe the discharge was consistent with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.  Additionally, the discharge was within the discretion  of
the discharge authority.  Therefore, they recommend a  denial  of  the
applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that in his late years he  feels  like  he  was  done
wrong on the facts.  To start off he was 16 years old when  he  joined
the Air Force.  His birthday had to be changed so that he could  clear
his social security, 9/28/34.  Second, he went AWOL one  time  for  30
days.  His pay was $73.00 a month.  He could not feed  his  family  on
this pay.

Applicant's complete response, with attachments, is at Exhibit F.

_________________________________________________________________

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  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
and adopt their rationale as the basis for  the  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  this  application  in
Executive Session on 14 January 2004, under the provisions of AFI  36-
2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Mr. Charlie E. Williams, Jr., Member
                       Ms. Ann-Cecile McDermott, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, undated, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRSP, dated 20 Oct 03.
      Exhibit D. Letter, SAF/MRBR, dated 31 Oct 03.
      Exhibit E. FBI Report.
      Exhibit F. Applicant’s Response, undated, w/atchs.




                             ROSCOE HINTON, JR.
                             Panel Chair

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