RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00873
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has lived a drug free, alcohol free and crime free life since being
discharged in 1966. He has worked several  law  enforcement  jobs  and
feels he was unjustly made an example of by a noncommissioned  officer
(NCO).

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
15 July 1963  for  a  term  of  4  years.   On  6  January  1966,  the
applicant's commander notified him that  he  was  recommending  he  be
discharged from the Air  Force  for  unfitness.   The  basis  for  the
commander’s  recommendation  was  his  frequent   involvement   of   a
discreditable nature with military authorities.  On 30 April 1965,  he
was drunk and disorderly off station and  was  counseled;  on  8  June
1964, counseled and severely reprimanded for  loitering  on  post;  an
Article 15 on 21 December 1965, for failure to repair; counseled on  7
January  1965,  for  poor  showing  in  on-the-job  training;  vacated
suspension of Article 15 on 19 February 1965, for failure  to  repair;
counseled on 18 June 1965, for loitering on post; counseled on 20 June
1965, for slow response on alert; counseled on 22 September 1965,  for
loitering on post; and he received an Article 15 on 17 December  1965,
for  theft  of  a  car  battery.   He  acknowledged  receipt  of   the
notification of discharge.  After consulting with  legal  counsel,  he
waived his rights to a hearing before a board of officers and declined
to submit statements in  his  own  behalf.   The  discharge  authority
approved his separation and ordered  an  under  other  than  honorable
conditions  (undesirable)  discharge.   Applicant  was  separated   on
3 February 1966, under the  provisions  of  AFR  39-17,  Discharge  of
Airmen Because of Unfitness (unfitness),  with  an  under  other  than
honorable conditions (undesirable) discharge.   The  applicant  served
2 years, 6 months and 19 days on active duty.

On 17 February 1971, applicant submitted an  application  to  the  Air
Force Discharge Review  Board  (AFDRB)  requesting  his  discharge  be
upgraded to honorable.  After careful  review  of  the  evidence,  his
request was denied.

On 12 April 1977, he submitted an application to AFDRB under a Special
Department of Defense (DoD) Discharge Review  Program  requesting  his
under other  than  honorable  conditions  (undesirable)  discharge  be
upgraded to honorable.  The AFDRB carefully  reviewed  and  considered
all the facts of record and concluded applicant met  the  criteria  of
the  Special  Department  of  Defense  Discharge  Review  Program  and
upgraded his discharge from  under  other  than  honorable  conditions
(undesirable) discharge to an  under  honorable  conditions  (general)
discharge.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 9 March 2004, that on the  basis  of  the
data furnished they were unable to  locate  an  arrest  record.   (See
Exhibit E)

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based on the documentation on  file  in
the master personnel records, the discharge was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
The discharge was within the discretion of  the  discharge  authority.
The AFDRB previously reviewed all the evidence of record and concluded
applicant met the  criteria  of  the  Special  Department  of  Defense
discharge Review Program and upgraded  his  discharge  from  an  under
other than honorable conditions (undesirable) discharge  to  an  under
honorable conditions  (general)  discharge.   The  applicant  did  not
submit any new evidence or identify  any  errors  or  injustices  that
occurred in the discharge processing.  He provided no facts warranting
an upgrade in his discharge to honorable.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
23 April 2004, for review and comment within  30  days.   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 an error  or  injustice.   We  note  that  the  AFDRB
upgraded the  applicant’s  discharge  from  UOTHC  to  general  (under
honorable conditions).  After a thorough review of  the  circumstances
surrounding his discharge, we do not feel that a  further  upgrade  is
warranted.  Therefore, based on the available evidence of  record,  we
find no basis upon which to favorably consider the requested relief.

_________________________________________________________________

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-2004-
00873 in Executive Session on 16 June 2004, under  the  provisions  of
AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Michael J. Novel, Member
                 Ms. Olga M. Crerar, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 13 Mar 04.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 13 Apr 04.
      Exhibit D. Letter, SAF/MRBR, dated 23 Apr 04.
      Exhibit E. FBI Response, dated 20 May 04.





      MICAHEL K. GALLOGLY
      Panel Chair