RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-00940
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXX                    COUNSEL:  NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  20 September 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His under than honorable conditions discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told that his discharge  would  be  upgraded  to  honorable  after  5
years.

The  applicant  provides  no  evidence  in  support  of  his  appeal.    The
applicant’s submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 2 April 1968, the applicant enlisted in the  Regular  Air  Force  in  the
grade of airman basic (E-1) for a period of four years.  The  applicant  was
progressively promoted to the grade of airman first  class  (E-3)  effective
and with a date of rank of 1  November  1968.   He  received  five  enlisted
performance reports covering the periods 2 April 1968 through 2  June  1971,
with overall evaluations of 7, 7, 9, 6, and 5 respectively.

Between 4 December 1970 and 8 June 1971, the applicant received  Letters  of
Counseling (LOC) for financial irresponsibility.

From 25 July 1970 to 5 August 1970, applicant was placed in deserter  status
when he did not return from leave.  He voluntarily returned to station on  6
August 1970.

On 6 April 1971, nonjudicial punishment was imposed on the  applicant  under
Article 15, UCMJ, for being absent from his organization without  authority,
from 23 March 1971 until on or about 24  March  1971.   He  was  reduced  in
grade to airman; however, the reduction in grade was suspended until 6  July
1971, at which time, unless sooner vacated, it  would  be  remitted  without
further action.

On 17 June 1971, his commander recommended the applicant be  separated  with
an  undesirable  discharge  under  AFM  39-12,  paragraph  2-15e,  for   his
dishonorable failure to pay just debts. The applicant acknowledged  receipt,
consulted military counsel, and waived his right  to  a  hearing  before  an
administrative discharge board; however, submitted a statement  in  his  own
behalf.  On 30 June  1971,  the  recommendation  was  found  to  be  legally
sufficient by the assistant staff  judge  advocate.   On  6 July  1971,  the
discharge authority  approved  the  discharge  and  ordered  an  undesirable
discharge under AFM 39-12, paragraph  2-15e,  Section  B,  Chapter  2.   The
applicant was discharged effective 14 July 1971  with  a  under  other  than
honorable conditions discharge.  He served  3  years,  3  months  on  active
duty.  The applicant’s time lost was 13 days due to AWOL.

Pursuant  to  the  Board’s  request,  the  FBI  provided  a  copy   of   an
Investigative Report, No. 586063TA2, which is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  the  application  be  denied.   DPPRS   states   the
applicant’s discharge was consistent with  the  procedural  and  substantive
requirements of the discharge regulation in affect  at  that  time  and  was
within the discretion of the discharge authority.   The  applicant  did  not
provide any facts warranting an upgrade of his discharge, nor did he  submit
any new evidence or identify any errors or injustices that occurred  in  his
discharge processing.  The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 April 2005, a copy of  the  Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a response (see Exhibit D).

On 5 May 2005, a letter  was  forwarded  to  applicant  suggesting  that  he
consider providing evidence pertaining to his post-service  activities.   As
of this date, this office has received no response (see Exhibit E).

On 22 June 2005, a copy of the FBI report was  forwarded  to  the  applicant
for review and comment.  As of  this  date,  this  office  has  received  no
response (see Exhibit F).

_________________________________________________________________

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 probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.   In  view  of  the
foregoing and in the absence of evidence by the applicant  attesting  to  a
successful post-service adjustment in the years since  his  separation,  we
are not inclined to extend clemency in this case.  Therefore,  we  conclude
that no basis exists upon  which  to  recommend  favorable  action  on  his
request that it be changed.

_________________________________________________________________

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 August 2005 and 12 September 2005,  under  the  provisions  of
AFI 36-2603:

            Mr. Gregory H. Petkoff, Panel Chair
            Ms. Jean A. Reynolds, Member
            Ms. Sharon B. Seymour, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2005-00940
was considered:

      Exhibit A.  DD Form 149, dated 3 Mar 05.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 14 Apr 05.
      Exhibit D.  Letter, SAF/MRBR, dated 22 Apr 05.
      Exhibit E.  Letter, SAF/MRBC, dated 5 May 05, w/atch.
      Exhibit F.  Letter, SAF/MRBC, dated 22 Jun 05, w/FBI Report
                         Number 586063TA2, dated 9 May 05.




                                  GREGORY H. PETKOFF
                                                   Panel Chair