RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02339
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The daughter of the former member requests her  father’s  under  other
than honorable  conditions  (undesirable)  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her father married after his discharge and  remained  married  to  the
same woman until his death.  He fathered  and  raised  four  children.
One had a career in the Army and  a  son  who  served  as  well.   His
values, morals, and guidance led two of his grandchildren to enlist as
well.  He learned from his  mistakes  and  helped  to  raise  a  proud
American family.  His memory should not be tarnished,  nor  his  value
underrated as a result of mistakes made as a young man.

In support of the appeal, applicant submits a  copy  of  her  father’s
death certificate and a copy of his DD Form 214.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member enlisted in the Regular Air Force on 22  March  1954
in the grade of airman basic for a  period  of  four  years.   He  was
promoted to the grade of airman third class on 1 May 1955.

On 10 February 1958, the former member’s commander recommended that he
be discharged under the provisions of AFR 39-17 and receive  an  under
other than honorable conditions (undesirable)  discharge.   The  basis
for this recommendation were:  (1)  Former  member  was  convicted  by
Summary Court for being absent without leave (AWOL) from 14 June  1954
to 27 June 1954.  (2) Former member was convicted by Summary Court for
being AWOL from 5 July 1954  to  21  July  1954.   (3)  Former  member
received an Article 15 for while on  duty  as  an  Air  Police  Patrol
driver, he brought an unauthorized woman on base  and  ran  through  a
checkpoint without stopping.  Punishment consisted of reduction to the
grade of airman basic.  (4) Former member  was  convicted  by  Special
Court-Martial for  sleeping  on  his  post.   (5)  Former  member  was
convicted by Summary  Court  for  disrespectful  behavior  toward  his
superior officer.  (6) On 24 January 1958,  former  member  failed  to
remain at his place  of  duty  while  on  squadron  stand-by  and  was
apprehended attempting to leave the base.  Former member  acknowledged
receipt of the notification of discharge on 10 February 1958  and  the
understanding he was entitled to an impartial hearing by  a  board  of
officers.  He also understood he was entitled  to  legal  counsel,  to
present evidence and call witnesses in his own behalf.  He waived  his
entitlement to appear before the board and requested discharge without
benefit of board proceedings.  He understood if  his  application  was
approved, his separation from the Air Force may be  under  other  than
honorable conditions and that he may receive an undesirable discharge.
 The discharge authority approved the separation and directed that the
former member  be  discharged  with  an  under  other  then  honorable
conditions (undesirable) discharge.

The former member was separated from the Air Force on  26  March  1958
under the provisions of AFR 39-17,  Discharge  of  Airmen  Because  of
Unfitness (unfitness), with an under other than  honorable  conditions
(undesirable) discharge.  He served three years,  one  month  and  six
days on active duty.  He had a total of 329 days of lost time (31 days
for being AWOL, and 298 days for confinement).

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:

AFPC/DPPRS states, 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.
Neither did the applicant submit any evidence or identify  any  errors
or injustices that occurred in the discharge processing.  Nor did  the
former member provide any facts warranting a change to  his  character
of service.  Therefore, they recommend denial of applicant’s request.

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

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 August 2004, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days.  On 15 September
2004, a copy of the FBI Report was  forwarded  to  the  applicant  for
review and response within 14 days.  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.   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 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 pertaining to AFBCMR Docket  Number
BC-2004-02339 was considered:

      Exhibit A. DD Form 149, dated 4 Aug 04, w/atchs.
      Exhibit B. Deceased Member’s Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 17 Aug 04.
      Exhibit E. Letters, SAF/MRBR, dated 20 Aug 04 and
                 AFBCMR, 15 Sep 04.




                             MARILYN M. THOMAS
                             Vice Chair