RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01346
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At  the  time  of  his  discharge,  he  was  rapidly  pushed   through   the
outprocessing procedure.  He believes there were many errors caused  because
of confusion and the need to get things done quickly.  He also believes  his
race was a contributing factor.  He served honorably for  4  years,  and  it
has been almost 50 years since his discharge.  He has never  asked  the  Air
Force for anything, nor has he ever filed for any VA benefits.  He  has  led
a simple life, and has been  a  law-abiding  citizen  since  his  discharge.
Because he is getting  older,  his  discharge  character  is  now  of  great
concern to him.

In support of the application, the  applicant  submits  a  letter  from  the
National Personnel Records Center dated 2 April 2004; a  certified  copy  of
his Separation Document, DD 214; a Soldier’s Qualification Card, DA 20;  and
an excerpted Report of  Medical  Examination  (4  pages).   The  applicant's
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member’s records were damaged by fire in  1973  at  the  National
Personnel Records Center, St. Louis, MO.  As a result, the following is  the
only known  information  pertaining  to  the  applicant’s  service  and  was
extracted  from  the  partially  reconstructed  record  and  from  documents
provided by the applicant.

On 5 December 1950 the applicant enlisted in the Regular Air  Force  at  the
age of 20 in the grade of airman basic  (E-1)  for  a  period  of  four  (4)
years.  He was progressively promoted to the rank of airman third class  (E-
2) with a date of rank of 1 October 1954.

The following is a  resume  of  the  character  and  efficiency  ratings  he
received during his service.

            Character        Efficiency

4 January 1951   Excellent        Excellent
3 January 1953   Excellent        Satisfactory
23 January 1954  Poor        Unsatisfactory
14 September 1954      Good       Excellent

On 5 May 1953, the applicant was Absent Without Leave  (AWOL)  for  six  (6)
days.  On 20 November 1953, the applicant  was  tried  and  convicted  by  a
special court-martial for striking his  superior  non-commissioned  officer,
and  committing  assault  upon  another  airman.   For  this  incident,   he
sentenced to confinement at hard labor for six  (6)  months,  and  forfeited
$60.00 per month for a like period.

On 22 January 1955, the applicant was discharged  under  the  provisions  of
AFR 39-10 by reason  of  expiration  to  term  of  service  with  a  general
discharge.  He had served 4 years on active duty.  He had 48  days  of  lost
time due to AWOL and confinement.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished (Exhibit D).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS has no  recommendation.   DPPRS  states  they  are  unable  to
determine the propriety of the discharge based on the lack of  documentation
in the applicant’s master personnel records.   Additionally,  the  applicant
did not submit any evidence  or  identify  any  errors  or  injustices  that
occurred in his discharge processing,  nor  did  he  provide  any  facts  to
support changing the character of his service.  DPPRS defers  to  the  Board
to  determine  if  the  applicant  should  be  granted  relief.   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  for
review and comment on 4 June 2004.  On  22  June  2004,  the  applicant  was
invited   to   submit   information   pertaining   to    his    post-service
accomplishments.  As of this date, this office has received no  response  to
the before mentioned correspondence (Exhibit D).

_________________________________________________________________

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  careful  consideration  of  the
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence that would warrant an  upgrade  to  his  discharge.   Although  the
applicant completed the term of his enlistment contract, we are  aware  that
the governing regulation then in effect, AFR 39-10, authorized the  issuance
of a general discharge to those members being separated  who  did  not  have
all  character  and  efficiency  ratings  of  at  least  “very   good”   and
“excellent” or “unknown.”   From  the  applicant’s  record  of  service,  as
supported by the record of his AWOL  and  conviction  by  a  special  court-
martial, it appears that the decision was made that the applicant’s  service
did not warrant a fully honorable discharge.  The applicant has provided  no
evidence showing the contrary was the case, his  service  met  the  criteria
for a fully honorable discharge, or the decision to  separate  him  with  an
under honorable conditions discharge represents an  abuse  of  discretionary
authority.  In addition, other than his own assertions, he has  provided  no
documentary  evidence  to  substantiate  that,  in  the  years   since   his
separation, he has been an upstanding member of the  community.   Therefore,
In view  of  all  the  above,  the  applicant’s  request  is  not  favorably
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 25 August 2004, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Albert C. Ellett, Panel Member
                 Mr. Terry L. Scott, Panel Member

The following documentary evidence was considered in connection with Docket
Number BC-2004-01346:

      Exhibit A.  DD Form 149, dated 04 Apr 04, with attachments.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPRS, dated 27 May 2004.
      Exhibit D.  Letter, SAF/MRBR, dated 4 Jun 04.
      Letter, AFBCMR, dated 22 Jun 04 and Negative FBI
      Report.




      MICHAEL K. GALLOGLY
      Panel Chair