RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01665
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He enlisted in the Air Force in August 1953.  He completed  Basic  Training,
and was transferred to his first duty assignment in Texas  where  he  served
17 months.  He was then assigned to a base in Germany  where  he  served  14
months, without any disciplinary action, and  was  promoted.   He  was  then
assigned to a base in California where he worked  in  the  Motor  Pool.   He
noticed  he  was  always  being  assigned  weekend  and  holiday  duty   and
confronted his noncommissioned officer (NCO) on the  matter.   When  he  did
not receive a response, he went to his first sergeant.  This  action  caused
continued problems between him and his NCO.  He  then  began  to  experience
other problems such as being late to work, and financial  difficulties.   He
later “unknowingly” signed a waiver to appear before a discharge board,  and
was given an undesirable discharge.  He  is  now  a  retired  civilian,  and
would like to get his record corrected.

In support of the application, the applicant submits a  personal  statement.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 5 August 1953, the applicant enlisted in the Air Force in  the  grade  of
airman basic (E-1) at the age of 17 for a period of four (4) years.  He  was
progressively promoted to the grade of airman  second  class  (E-3)  with  a
date of rank of 1 December 1955.

The applicant received two character and efficiency ratings  of  “excellent”
for 2 October 1953  and  15 February  1955,  respectively,  and  “fair”  and
“unsatisfactory” for 21 May 1957.

On 31 December 1956, the applicant’s commander received a  letter  from  the
Chief, Base Exchange regarding a worthless check in  the  amount  of  $25.00
written by the applicant.  On 16 January  1957,  the  applicant’s  commander
received a letter from the Chief, Base Exchange regarding a worthless  check
in the amount of $25.00 cashed by the applicant.  On 22  January  1957,  the
applicant’s commander received a  disposition  form  from  the  Chief,  Base
Exchange regarding a worthless check in the amount of $25.00 written by  the
applicant.

On 6 February 1957, the applicant’s  commander  received  a  letter  from  a
department  store  regarding  the  applicant’s  delinquent  account.   On  9
February 1957, the applicant  was  delivered  to  Civilian  Authorities  for
trial upon the charge of  three  (3)  vehicular  highway  offenses.   On  11
February 1957, the applicant was counseled regarding his indebtedness  to  a
company, and instructed to make restitution to it.

On 20 May 1957, the Base Chaplin recommended  the  applicant  be  discharged
from the Air Force under the provisions of AFR  39-17  (unfitness).   On  21
May 1957, a medical examiner determined that  medical  treatment  would  not
result in the applicant being able to perform his  duties  more  effectively
and there was no evidence of any medical or physical  defect  of  sufficient
import to warrant action under the provisions of AFM 35-4.

On 21  May  1957,  the  applicant’s  commander  notified  him  that  he  was
recommending he be discharged from the Air Force  under  the  provisions  of
AFR  39-17  for  Unfitness.    The   applicant   acknowledged   receipt   of
notification, waived his right to consult counsel  and  his  entitlement  to
appear before the board, and requested discharge without  benefit  of  board
proceedings.  The wing commander  forwarded  the  discharge  case  file  for
review by the discharge authority on 24 May 1957.  The  discharge  authority
approved the recommended separation on 12 June 1957, and directed  that  the
applicant be discharged and issued an Undesirable Discharge certificate.

On 28 June 1957, the applicant was discharged  under  other  than  honorable
conditions (UOTHC), in the grade of airman basic, under  the  provisions  of
AFR 39-17 for Unfitness.  He had served 3 years, 10 months and  23  days  on
active service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative report pertaining to the  former  member
(Identification Record No. 251142D).

On  10  August  2004,  the  applicant  was  invited  to  submit  information
pertaining to  his  post-service  accomplishments  and  activities.   On  24
September 2004, a copy of the Federal Bureau of Investigations (FBI)  report
was forwarded to the  applicant.    To  this  date,  no  response  has  been
received on any of the above 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.   We  find  no  impropriety  in  the
characterization of applicant's discharge.  It appears  that  responsible
officials applied appropriate standards in effecting the separation,  and
we do not  find  persuasive  evidence  that  pertinent  regulations  were
violated or that applicant was not  afforded  all  the  rights  to  which
entitled at the time of discharge.   We  conclude,  therefore,  that  the
discharge proceedings were proper and characterization of  the  discharge
was appropriate to the existing  circumstances.  Although  the  applicant
states that he is now a retired civilian, he has not provided  sufficient
information of post-service activities  and  accomplishments  for  us  to
conclude that his discharge should be upgraded  based  on  clemency.   In
view of the above we find no basis to warrant favorable  action  on  this
application.

___________________________________________________________________

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 16 November 2004, under the provisions  of  AFI  36-
2603:

           Ms. Marilyn M. Thomas, Vice Chair
           Ms. Kathleen F. Graham, Member
           Ms. Janet I. Hassan, Member

The following documentary  evidence  was  considered  for  AFBCMR  Docket
Number BC-2004-01665:







     Exhibit A.  DD Form 149, dated 07 Jun 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFBCMR, dated 10 Aug 04.
      Letter, AFBCMR, dated 24 Sep 04.
     Exhibit D.  FBI Report




                                  MARILYN M. THOMAS
                                  Vice Chair