RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00361
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His general  discharge  be  upgraded  to  honorable,  his  reason  for
separation be changed to “convenience  of  the  government,”  and  his
reenlistment eligibility (RE) code be changed to an RE code 1, with  a
corresponding separation program designator (SPD) code.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He  did  not  have  any  court-martials,  office  hours  or   other
disciplinary problems.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Prior to the service under review, applicant served on active  duty
in the US Marine Corps from 9 Apr 52 until 8 Apr 55.

He enlisted in the Regular Air Force on 16 Nov 56,  and  served  on
continuous active duty, entering his last enlistment on 5  Dec  58.
He was promoted to the rank of airman first class with an effective
date and date of rank of 1 Jun 61.

On  8  Mar   62,   the   squadron   section   commander   initiated
administrative discharge action against the applicant for financial
irresponsibility and an established pattern of failure to pay  just
debts after repeated counselings  by  the  commander  and  previous
commanders of the organization.

On 20 Mar 62, applicant acknowledged receipt of the  administrative
discharge action, waived entitlement to appear before  a  board  of
officers, requested discharge in  lieu  of  board  proceedings  and
submitted statements in his own behalf.  He further acknowledged he
understood that if his application  was  approved,  his  separation
could be under conditions other than honorable, he could receive an
undesirable discharge, and this may deprive  him  of  rights  as  a
veteran under both federal and state legislation.

On 9 Apr 62, the squadron section commander recommended approval of
the administrative discharge  action.   On  17  Apr  62,  the  wing
commander recommended the applicant be discharged and  that  he  be
furnished a general  discharge  certificate.   On  9  May  62,  the
discharge  authority  approved  the  discharge  and  directed   the
applicant be issued a DD Form 257AF, General Discharge Certificate.

On 18 May 62, applicant was  discharged  under  the  provisions  of
AFR 39-17,  with   service   characterized   as   under   honorable
conditions, and was issued RE code 2 [ineligible to reenlist in the
Regular Air Force].  He was credited with a total  of  8  years,  6
months, and 3 days of active military service (includes all periods
of service).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended his request be denied.   They  found  the
discharge  consistent   with   the   procedural   and   substantive
requirements  of  the  discharge  regulation.   Additionally,   the
discharge  was  within  the  sound  discretion  of  the   discharge
authority.  They also  noted  applicant  did  not  submit  any  new
evidence or identify any errors or injustices that occurred in  the
discharge processing and that he provided no other facts warranting
an upgrade of the discharge.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 26 Mar 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

On 26 Apr 04, a copy  of  the  FBI  report  was  forwarded  to  the
applicant for comment.   At  that  time,  the  applicant  was  also
invited to provide additional evidence pertaining to his activities
since leaving the  service  (Exhibit  F).   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 error or injustice.  The  majority  of
the Board finds that the discharge appears to be in compliance with
the governing regulations and finds no  evidence  to  indicate  the
applicant’s separation  from  the  Air  Force  or  the  reason  for
separation were inappropriate.  The majority of the Board finds  no
evidence of error in this case and after thoroughly  reviewing  the
evidence of record, they do not believe the applicant has  suffered
an injustice.  Additionally, the majority of the  Board  noted  the
absence of information regarding the applicant’s  activities  after
leaving the service.  Therefore, based on the available evidence of
record, the  majority  finds  no  basis  upon  which  to  favorably
consider applicant’s request to upgrade his discharge to  honorable
and to change the narrative reason for separation.

4.  Having  found  no  error  or  injustice  with  respect  to  the
applicant’s discharge, all members of the Board found no basis upon
which to favorably consider the applicant’s request to  change  his
reenlistment eligibility code.

___________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient  evidence  of  error  or
injustice and recommends the application be denied.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2004-00361 in Executive Session  on  10  June  2004,  under  the
provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Debra A. Erickson, Member
      Mr. Christopher D. Carey, Member

By a majority vote, the Board recommended denial of the application
in its entirety.   Mr.  Carey  voted  to  upgrade  the  applicant’s
discharge to honorable, but did  not  wish  to  submit  a  Minority
Report. The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 27 Jan 04, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Report of Investigation.
      Exhibit D.  Letter, HQ AFPC/DPPRS, dated 23 Mar 04.
      Exhibit E.  Letter, SAF/MRBR, dated 26 Mar 04.
      Exhibit F.  Letter, AFBCMR, dated 26 Apr 04, w/atchs.





                                   BRENDA L. ROMINE
                                   Panel Chair





MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
      FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:    AFBCMR Application of

      I have carefully considered all aspects of this case and do not
agree with the opinion of the majority of the panel that the applicant’s
request should be denied in its entirety.

      After careful consideration of all the facts and circumstances of
the applicant’s case, I believe clemency would be appropriate.  The
record indicates that, except for his financial troubles, the applicant’s
duty performance was good to excellent.  Additionally, he served
honorably during two prior enlistments, in the US Marine Corps and the
Air Force.


      Certainly I do not condone the behavior which led to his under
honorable conditions (general) discharge.  Nevertheless, in view of his
overall record of service, I believe it would be an injustice for him to
continue to suffer the adverse effects of the under honorable conditions
(general) discharge he received over 42 years ago.  Therefore, it is my
decision that his discharge be upgraded to fully honorable on the basis
of clemeny.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency


AFBCMR BC-2004-00361




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to [APPLICANT], be corrected to show that on 18 May
1962, he was honorably discharged and furnished an Honorable
Discharge Certificate.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency