RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02764
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

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APPLICANT CONTENDS THAT:

He was told his discharge would be upgraded if  he  stayed  out  of
trouble and he has.  He is now 72 years  old  and  very  sick.   He
apologizes for his bad discharge and loves the Air Force more  than
anything.

In support  of  his  appeal,  applicant  submitted  copies  of  his
prescription medication refill authorization forms.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  13  Jun  51.   His
highest grade held was airman third class (A3C).

Applicant received character and efficiency  ratings  of  excellent
from 1 Aug – 22 Aug 51; from 23 Aug 51 – 12 Nov 52,  his  character
ratings were good and his  efficiency  ratings  were  satisfactory;
from 13 Nov 52 - 6 Aug 53, his character ratings were excellent and
his  efficiency  ratings  were  satisfactory;  from  7  Aug  53   -
24 Sep 53, his character and efficiency rating  was  unknown;  from
25 Sep - 11  Nov  53,  his  character  and  efficiency  rating  was
excellent; from 12 Nov 53 - 24 Jul 54, his character  ratings  were
very good and his efficiency ratings were satisfactory; from 25 Jul
- 1 Nov 54, his character and efficiency rating was excellent; from
2 Nov 54 - 21 Mar 55, his character  and  efficiency  ratings  were
good and excellent, and from 22 Mar  –  30 Jun  55,  his  character
rating was poor and his efficiency rating was unsatisfactory.

On 11 Jan 52, applicant was convicted by Summary Court-Martial  for
unlawfully carrying a concealed weapon and wrongfully wearing  upon
his uniform the insignia of the grade  of  sergeant,  on  or  about
2 Jan 52.  He was sentenced to restriction to the base for 60  days
and forfeiture of $28.

On 18 Aug 52, applicant was convicted by Summary Court-Martial  for
failure to obey a lawful order issued by an officer,  on  or  about
1 Aug 52.  He was sentenced to confinement at hard labor (CHL)  for
30 days and forfeiture of $26.

On 29 Jan 53, applicant was convicted by Special Court-Martial  for
stealing articles of a total value not more than $20, on  or  about
15 Jul 52.  He was sentenced to CHL for six months  and  forfeiture
of $28 per month for six months.

On 9 May 55, applicant was convicted by Summary  Court-Martial  for
violating a lawful  general  regulation  by  entering  a  house  of
prostitution, on or about 16 Apr 55.  He was sentenced to  CHL  for
30 days and forfeiture of $44.

On 10 Jun 55,  the  commander  initiated  administrative  discharge
action against the applicant for unfitness, stating, based  on  the
applicant’s previous convictions, there  was  no  evidence  of  any
worthwhile potentiality to the Air Force and no basis for retention
in the service.

On that same date, after consulting with legal  counsel,  applicant
acknowledged receipt of the  administrative  discharge  action  and
waived his entitlement to appear before a  board  of  officers  and
requested discharge in  lieu  of  board  proceedings.   He  further
acknowledged he understood that if his  application  was  approved,
that his separation could be under conditions other than  honorable
and that he could receive an undesirable discharge,  and  this  may
deprive him of rights as a veteran under  both  federal  and  state
legislation.

On 24 Jun 55, the group commander approved an undesirable discharge
and  directed  that  the  applicant  be  issued  a   DD Form 258AF,
“Undesirable Discharge Certificate.”  On 3 Aug  55,  applicant  was
discharged  under  the  provisions  of  AFR 39-17,   with   service
characterized as under other than  honorable  conditions.   He  was
credited  with  3  years,  7 months,  and  4  days  active  service
(excludes  197  days  of  lost  time  due  to  three   periods   of
confinement).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 28 October 2004,  that,
on the basis of data furnished, they are unable to locate an arrest
record (Exhibit E).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
available 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 an upgrade of the discharge.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicated he attempted to get information from the police
department, but that they did not have an  arrest  record  (Exhibit
G).

On 28 Dec 04, applicant provided  letters  of  character  reference
from his sister-in-law and a co-worker (Exhibit H).

___________________________________________________________________

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.   The  discharge
appears to be in compliance with the governing regulations  and  we
find no evidence to indicate that his separation from the Air Force
was inappropriate.  We find no evidence of error in this  case  and
after  thoroughly  reviewing  the  documentation  that   has   been
submitted in support of applicant's appeal, we do  not  believe  he
has suffered from an injustice.  Notwithstanding the above, we note
the  applicant  provided  limited  information  pertaining  to  his
activities since  leaving  the  service.   If  he  were  to  submit
additional 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-2004-02764  in  Executive  Session  on  7  December   2004   and
6 January 2005, under the provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. Patrick C. Daugherty, Member
      Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 29 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.
    Exhibit E.  FBI Report of Investigation, dated 28 Oct 04.
    Exhibit F.  Letter, AFBCMR, dated 10 Nov 04, w/atch.
    Exhibit G.  Letter, Applicant, undated.
    Exhibit H.  Letter, Applicant, undated.




                                   RICHARD A. PETERSON
                                   Panel Chair