RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00367
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  31 AUG 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be  upgraded  to
honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge records stated it would be upgraded after six months.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air  Force  on  15 Jan 71  for  a
period of four years in the grade of airman basic.

On  13  May  74,   the   retraining   group   commander   initiated
administrative discharge action against the applicant for  frequent
involvement of a discreditable nature.  The bases for the  proposed
discharge action were that:

      On 18 Sep 73,  applicant  was  convicted  by  General  Court-
Martial for being absent without leave  (AWOL)  from  on  or  about
(o/a) 23 Sep 71 until o/a 23 Nov 71, from o/a 3 Jan 72 to 27 Apr 73
and from and o/a 30 Apr 73 to o/a 3 May 73.  His sentence consisted
of a bad conduct discharge (BCD),  reduction  in  grade  to  airman
basic, and forfeiture of all pay and allowances, and confinement at
hard labor for ten months.  The sentence was adjudged on 18 Sep 73.


      On 2 Apr 74, he failed to repair for 2200 hrs  bedcheck,  for
which he was cited on DD Form 1569, Incident/Complaint Report.

On 16 May 74, after consulting with counsel, applicant  waived  his
right to a hearing before an administrative discharge board and  to
submit statements in his own behalf.  He further acknowledged  that
he understood if his application was approved, his separation could
result in an undesirable discharge, that he would not  be  entitled
to settlement for accrued leave,  that  this  may  deprive  him  of
veteran benefits, and he may  encounter  substantial  prejudice  in
civilian life in situations where the type of service  rendered  in
any branch of the Armed Forces or the type  of  discharge  received
may have a bearing; and his right to participate in  the  probation
and rehabilitation (P&R) program.  On 21 May 74,  the  staff  judge
advocate found the case legally sufficient to support discharge and
recommended a general discharge without (P&R).  On 24 May  74,  the
discharge  authority  approved  the  discharge  and  directed   the
applicant be issued a DD Form 257AF, General Discharge Certificate.
 P&R was  not  approved  because  of  the  applicant’s  pattern  of
incidents, psychiatric diagnosis and desire not to  participate  in
the P&R program.


On 5 Jun 74, the  record  of  trial  was  forwarded  to  the  Judge
Advocate General of the United States Air Force  for  review  by  a
Court of Military Review.  The  conviction  was  affirmed  and  the
sentence duly executed, but the BCD was remitted.

On 15 Jun 74, applicant was  discharged  under  the  provisions  of
AFM 39-12,  with   service   characterized   as   under   honorable
conditions.  He was credited with 1 year, 1 month, and 11  days  of
active duty service (excludes 833 days of lost time due to AWOL and
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:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
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 18 Feb 05 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

On 2 Jun 05, 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.   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.  In addition, based on his  overall
record of service, the contents of the FBI report, 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  on  the  basis  of
clemency.

___________________________________________________________________

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-2005-00367 in Executive Session  on  13  July  2005,  under  the
provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Wallace F. Beard, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Jan 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 11 Feb 05.
    Exhibit E.  Letter, SAF/MRBR, dated 18 Feb 05.
    Exhibit F.  Letter, AFBCMR, dated 2 Jun 05, w/atchs.




                                   JOSEPH G. DIAMOND
                                   Panel Chair