RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00649
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  28 AUGUST 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (undesirable)  discharge  be
upgraded to an under honorable conditions (general) discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He could not stand at attention because of some type  of  back  injury
and feels that if the people in charge at the time would have believed
him and tried to understand instead of punishing him,  he  might  have
been able to serve.

In support of the appeal, applicant submits a copy of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 December 1957 for  a
period of four years.

On 23 July 1958, applicant’s commander recommended appropriate  action
be initiated under the provisions of AFR 39-17 to separate him with an
under other than honorable conditions  (undesirable)  discharge.   The
recommendation  for  discharge  was  based  on  the  following:    (1)
Applicant’s disregard for Air  Force  Regulations  and  policies.   He
repeatedly absented himself without official leave  and  his  attitude
toward himself and the Air Force is far  below  acceptable  standards.
(2) Convicted  by  Summary  Court-Martial  for  being  absent  without
official leave and Special  Court-Martial  for  being  absent  without
official leave.  (3) Tried by  Summary  Court-Martial  on  31  January
1958, for being absent without leave (AWOL) from 21 January 1958 to 27
January 1958.  (4) Tried by Summary Court-Martial on 9 June 1958,  for
being AWOL from 19 April 1958 to 19 May 1958.  Applicant  acknowledged
receipt of the notification of discharge and indicated  he  understood
he was entitled to an impartial hearing by a board  of  officers.   He
also acknowledged his entitlement to  legal  counsel  and  to  present
evidence in his own behalf.  He waived his rights to a hearing  before
a board of officers and requested discharge without benefit  of  board
proceedings.  He indicated he understood if his request for  discharge
was approved  his  separation  from  the  Air  Force  might  be  under
conditions other than honorable and he might  receive  an  undesirable
discharge.   The  discharge  authority  approved  the  separation  and
directed applicant be discharged with an under  other  than  honorable
conditions (undesirable) discharge.

Applicant was separated from the Air Force on 4 August 1958 under  the
provisions of AFR 39-17, Discharge of  Airmen  Because  of  Unfitness,
with an under other than honorable conditions (undesirable) discharge.
 He had served 3 months and 20 days on active duty.  Time lost was 123
days due to AWOL and confinement.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg,  West  Virginia,  indicated  on  the  basis  of  the  data
furnished they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states based on the documentation on  file  in  the  master
personnel records, the discharge was consistent  with  the  procedural
and  substantive  requirements  of  the  discharge  regulation.    The
discharge was  within  the  discretion  of  the  discharge  authority.
Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 March 2005, a copy of the Air Force evaluation was forwarded  to
applicant for review and response within 30 days.  On 31  March  2005,
applicant  was  invited  to  provide  information  pertaining  to  his
activities since leaving the service.  As of this  date,  no  response
has been received by this office (Exhibit E).

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the  victim  of  an  error  or  injustice.   In
addition, the applicant has  provided  no  evidence  relating  to  his
activities since leaving the service to substantiate a successful post-
service adjustment.  Therefore, we are not inclined to  act  favorably
on his request based on the clemency.   Accordingly,  the  applicant’s
request is not favorably considered.

_________________________________________________________________

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  in
Executive Session on 25 May 2005, under the provisions of AFI 36-2603:

                 Mr. Joseph G. Diamond, Panel Chair
                 Mr. Charles E. Bennett, Member
                 Mr. Michael J. Maglio, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 18 Feb 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 8 Mar 05.
      Exhibit E. Letters, SAF/MRBR and AFBCMR, dated 18 Mar 05
                       31 Mar 05.




                             JOSEPH G. DIAMOND
                             Panel Chair