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AF | BCMR | CY2005 | BC-2003-00256
Original file (BC-2003-00256.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00256
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant did not present any contentions.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 Sep 67.  Prior to
the events under review, applicant was promoted  to  the  grade  of
airman first class with an effective  date  and  date  of  rank  of
1 Apr 68.

He received one performance report with an overall evaluation of 6.

On 12 Sep 68, he received an Article 15 punishment for  failure  to
go to his appointed place of duty on or about 3 Sep 68  and  on  or
about 4 Sep 68.  His punishment consisted of a suspended  reduction
in grade to the rank of airman for six months and 45 days of  extra
duty.

Applicant was absent without leave (AWOL) from 6 Mar 69  until  his
return to military control on 14 Apr 69.  He was dropped  from  the
rolls on 4 Apr 69.

On 17 Apr 69, after consulting with counsel, applicant submitted  a
request for discharge for the good of the service.  On  2  May  69,
the  group  commander  recommended  the  applicant’s   request   be
approved.  His recommendation was based on the applicant being AWOL
from 6 Mar to 15 Apr 69, and because he was not able  to  adapt  to
military standards of work, discipline and conduct.  On  that  same
day, the wing commander recommended  approval  of  the  applicant’s
request  to  be  discharged  for   the   good   of   the   service.
On 12 May 69, the discharge authority approved the  discharge,  and
directed  the  applicant  be  furnished  an  Undesirable  Discharge
Certificate (DD Form 256AF).

On 14 May 69, applicant was  discharged  under  the  provisions  of
AFM 39-12, with service characterized as under other than honorable
conditions and was issued an undesirable discharge certificate.  He
was credited with 1 year, 7 months, and  24  days  of  active  duty
service during this enlistment (excludes 40 days due to AWOL).

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:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
the documentation in the file, they found the discharge  consistent
with the procedural and substantive requirements of  the  discharge
regulation.  Additionally,  the  discharge  was  within  the  sound
discretion of the discharge authority.  They also  noted  applicant
did  not  submit  any  new  evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing  and  provided
no other facts warranting a change to his character of service.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 29 Oct 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

On 21 Dec 04, a copy  of  the  FBI  report  was  forwarded  to  the
applicant for comment.   At  that  time,  the  applicant  was  also
invited to provide additional evidence pertaining to his activities
since leaving the  service  (Exhibit  F).   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.   After  careful
consideration of the evidence of record, we found no evidence  that
the actions taken to effect the applicant’s discharge were improper
or contrary to the provisions of the governing manual in effect  at
the time, or that the actions  taken  against  him  were  based  on
factors other than his own misconduct.  Based on his overall record
of service and the absence of evidence related to his  post-service
activities and  accomplishments,  we  are  not  persuaded  that  an
upgrade of the characterization of his discharge is warranted.   If
he were to submit post-service  documentation,  the  Board  may  be
willing  to  reconsider  his  appeal  as  a  matter  of   clemency.
Therefore, based on the available evidence of record,  we  find  no
basis upon which to favorably consider 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 AFBCMR Docket  Number
BC-2003-00256 in Executive Session on 2 February  2005,  under  the
provisions of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Mr. Vance E. Lineberger, Member
      Mr. Wallace F. Beard Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 22 Oct 04.
    Exhibit E.  Letter, SAF/MRBR, dated 29 Oct 04.
    Exhibit F.  Letter, AFBCMR, dated 21 Dec 04, w/atchs.




                                   ROSCOE HINTON JR.
                                   Panel Chair

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