RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02357
                                        INDEX CODE:  110.02
                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He would  like  his  discharge  upgraded  so  he  may  receive  a  veteran’s
headstone upon his burial.  While in the service he thinks he  did  his  job
very well.  After serving his 30 days’ confinement for Absent Without  Leave
(AWOL), he was offered and elected an “easy  out”  discharge.   However,  he
believes all “easy out” discharges were upgraded to honorable.   He  has  no
criminal record or felonies and has worked for Raytheon Corporation  with  a
top secret clearance.

In support  of  his  request,  he  submits  a  copy  of  his  DD  Form  293,
Application for Review of Discharge or Dismissal from the  Armed  Forces  of
the United States.

The applicant’s submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 14 November 1955, the applicant enlisted in the Regular Air Force in  the
grade of airman basic (E-1) for a period of 4 years.

On 30 November 1956, he was charged with  breaking  restriction.   For  this
incident he received two weeks’ restriction.

On 25 March  1957,  he  was  charged  with  failure  to  repair.   For  this
incident, punishment under Article 15, Uniform  Code  of  Military  Justice,
was imposed.  He received 14 days’ restriction.

From 29 May 1957 to 31 May  1957,  he  was  charged  with  AWOL.   For  this
incident, punishment under Article 15, Uniform  Code  of  Military  Justice,
was imposed.  He received two hours’ extra duty per day for 14 days.

From 30 July 1957 to 20 August 1957, he was charged  with  AWOL.   For  this
incident, he was tried and convicted by a  summary  court-martial.   He  was
sentenced to perform hard labor for thirty (30) days and to  forfeit  fifty-
five dollars ($55) of his pay.

On 6 November 1957,  the  applicant  was  discharged  with  an  other  than
honorable conditions discharge by reason of unfitness.   He  had  served  1
year, 10 months and 5 days on active duty.  He had 49 days lost time due to
AWOL and confinement.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative  report  pertaining  to  the  applicant,
which is at Exhibit E.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS  states  that  based
upon the documentation in the file, the discharge was  consistent  with  the
procedural and substantive requirements of the discharge regulation.

The DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 August 2004, a copy of the  Air  Force  evaluation  was  sent  to  the
applicant for review and response.  On 9 September 2004, a copy of  the  FBI
report was forwarded to the applicant for review and comment.   As  of  this
date, this office has not received  a  response  to  any  of  the  foregoing
correspondence (Exhibit D).

On 27 September 2004, in response to a  letter  inviting  the  applicant  to
submit evidence pertaining to his  post-service  activities,  the  applicant
reiterated his initial contentions and indicated he was not  guilty  of  the
charges regarding his Article 15.  He  understood  he  would  be  discharged
with an undesirable discharge but did not understand he would lose  all  his
privileges.  Applicant’s letter is at Exhibit F.

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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 of his characterization  of  service.
Other than his own assertions, the applicant has provided no  evidence  that
would lead us to believe the actions taken  to  effect  his  discharge  were
improper, or that the information in his discharge case file  is  erroneous.
In addition, in view of the contents of the FBI  Identification  Record  and
in the absence of documentary evidence  by  the  applicant  attesting  to  a
successful  post-service  adjustment  in  the  nearly  47  years  since  his
separation,  we  are  not  persuaded  that  the  characterization   of   the
applicant’s discharge warrants an upgrade on  the  basis  of  clemency.   In
view of the above and in the absence of evidence by  the  applicant  showing
the information provided in the FBI report is incorrect, we  find  no  basis
on which to favorably consider his request.

_________________________________________________________________

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,  AFBCMR
Docket Number 04-02357, in Executive Session on 14 October 2004,  under  the
provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. John B. Hennessey, Member
                 Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 28 Jun 04, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 10 Aug 04.
     Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04.
     Exhibit E.  FBI Report, dated 1 Sep 04.
     Exhibit F.  Letter, Applicant, dated 27 Sep 04.





                                  THOMAS S. MARKIEWICZ
                                  Chair