RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03168
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was needed at home to help his wife and  daughter.   His  wife  was
suffering from a nervous and medical condition that required  constant
care.  His daughter was undergoing several  operations  for  her  club
feet.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 4 December 1969, the applicant enlisted in the  Regular  Air  Force
(RegAF) as an airman basic (AB) for a period of four years

The applicant was absent without leave (AWOL) from  12  December  1971
through 3 February 1972.

On 11 January 1972, the applicant’s status was changed  from  AWOL  to
deserter.

On 4 February 1972, the applicant turned himself into security police.

The applicant received an Article 15 for being  AWOL;  his  punishment
consisted of reduction to the rank of airman basic and  forfeiture  of
$100.00 of pay per month for two months.

The applicant was AWOL from 18 September 1972 through  20  June  1973.
He was classified as a deserter on 17 October 1972.   He  was  dropped
from his unit’s  roll  on  16  March  1973.   The  Federal  Bureau  of
Investigations (FBI) apprehended him on 20 June 1973.  He was confined
by civil authorities from 21 June 1973 through 8 August 1973.

On 20 July 1973, the applicant submitted a request  to  be  discharged
for the good of the  service,  under  the  provisions  of  AFM  39-12,
paragraph 2-78.

The applicant acknowledged if the request for discharge  was  approved
he could receive an undesirable discharge under conditions other  than
honorable.  He also acknowledged he was afforded the right to  consult
counsel.

On 8 August 1973, the applicant’s commander  recommended  the  request
for discharge be  approved.   The  reason  the  commander  recommended
approval was  that  court-martial  charges  were  preferred  but  were
dropped to allow the applicant to apply for discharge.

A legal review was conducted in which the staff judge  advocate  (SJA)
recommended the applicant’s request for discharge for the good of  the
service be granted and he receive an undesirable discharge.

On 8 August 1973, the convening authority  approved  the  request  for
discharge and directed the applicant be discharged with an undesirable
discharge.

On 8 August 1973, the applicant was discharged from the Air Force with
an undesirable discharge under the provisions of  AFM  39-12,  in  the
grade of airman.  He served three years, nine months and five days  of
active duty service.  He had 382 days of lost time.

The applicant submitted a request to the Air  Force  Discharge  Review
Board (AFDRB) to have his undesirable discharge upgraded  to  general.
They denied his request on 5 November 1974.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit C.  The report was not forwarded to the  applicant  because
the only entry was the AWOL while on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not  submitted  any  evidence  nor
identified any errors or injustices that occurred in the processing of
his discharge.  Based upon the documentation in the applicant's  file,
they believe his discharge was  consistent  with  the  procedural  and
substantive requirements of the discharge regulations  of  that  time.
Also, the discharge was within the sound discretion of  the  discharge
authority.  Also, he did not provide any facts to warrant  an  upgrade
of his discharge.  Based
on  the  information  and  evidence  provided   they   recommend   the
applicant's request be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 November 2004, for review  and  response.   As  of  this  date,  no
response has been received by this office.

On 14 December 2004, the Board staff requested the  applicant  provide
documentation regarding his post-service activities (Exhibit F).

In response to the AFBCMR letter dated 14 December 2004, the applicant
states he was having  personal  problems  and  requested  leave.   His
daughter needed surgery for bi-lateral clubfeet in order to be able to
walk in the future.  His wife experienced a nervous breakdown  and  he
was needed at home.

He and wife are still together and have a beautiful family.  They  own
a car lot.  His daughter is doing well and has graduated from  college
and is an archaeologist.

He has diabetes and can’t get medical insurance.  If his discharge  is
upgraded, he will be able to go the Veterans hospital for medical care
Exhibit G).

_________________________________________________________________

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 of timely file.

3.    After a thorough review of the evidence  of  record  we  see  no
evidence to show that  the  applicant’s  discharge  was  erroneous  or
unjust.  However, we recognize the adverse impact of the discharge the
applicant received; and while it may  have  been  appropriate  at  the
time, we believe it  would  be  an  injustice  for  the  applicant  to
continue to suffer from its effects.  It  appears  the  applicant  was
unable to adapt and cope with the stresses of military service and his
family’s medical situation.  In this respect, the applicant’s  age  at
the time was considered, as well as his wife’s and daughter’s  medical
conditions, and the fact he had no apparent support system to  aid  in
dealing with his family situation.  Furthermore, there is no  evidence
he has had any subsequent involvement of a derogatory nature since his
separation from the Air Force.  Therefore, we believe that  corrective
action is appropriate on  the  basis  of  clemency.   The  applicant’s
request for an honorable discharge was considered  but  based  on  the
overall records, a further upgrade is not  warranted.   Therefore,  we
recommend the service  member’s  records  be  correct  to  the  extent
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 24  December  1955,
he was discharged with the service  characterized  as  general  (under
honorable conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2004-03168  in  Executive  Session  on  25  January  2005,  under  the
provisions of AFI 36-2603:

                 Ms. Peggy E. Gordon, Panel Chair
                 Ms. Renee M. Collier, Member
                 Mr. Patrick C. Daugherty, Member

All  members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 Oct 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, HQ AFPC/DPPRS, dated 10 Nov 04
      Exhibit E. Letter, SAF/MRBR, dated 19 Nov 04.
      Exhibit F. Letter, AFBCMR, dated 14 Dec 04, w/atch.
      Exhibit G. Letter, Applicant’s Response, dated 28 Dec 04.




                       RENEE M. COLLIER
                       Acting Panel Chair





AFBCMR BC-2004-03168






MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered  the  recommendation  of  the  Air
Force Board for Correction of Military Records and under the  authority
of Section 1552, Title 10, United States Code  (70A  Stat  116)  it  is
directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to        , be corrected to show that on 8 August 1973,
he was discharged with the service  characterized  as  general  (under
honorable conditions).




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency