RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01032
                       INDEX CODE:  110.00
                       COUNSEL:  AMERICAN LEGION

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 SEP 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was never told why he received that  type  of  discharge.   He  was
young and wanted to go home.  He never did anything wrong.   He  knows
he did not perform well, but he was not a trouble maker.  He  believes
his discharge should not have been a general discharge.  He is old now
and would like his discharge upgraded.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF)  as  an  basic
airman on 14 October 1954 for a period of four years.

The  applicant’s  commander  initiated  discharge  action  under   the
provisions of Air Force Regulation (AFR) 39-16 (unproductive  airmen).
The specific reasons for the discharge action were:

            a.  The applicant’s inability to  absorb  or  utilize  the
skills necessary to make him an effective airman.

            b.  The applicant’s lack of want of readiness of skill  to
learn.

            c.  Mental deficiency.

The applicant’s commander further stated in  the  Statement  of  Facts
that although the applicant was a graduate of two service  schools  he
did not possess the capabilities to  become  an  effective  airman  in
either career field.   The  applicant  received  extensive  on-the-job
training (OJT) from the noncommissioned office in  charge  (NCOIC)  of
each section.  It appeared the applicant under close  supervision  was
progressing but later would revert back into his  original  status  of
inability to perform.  The applicant was relieved from his duties  and
enrolled in the Base  Drivers’  School.   On  14  February  1956,  the
applicant did not report to drivers’ school.  He  informed  the  first
sergeant that he did not report to drivers’ school because he did  not
like it.  The applicant further stated to his commander that he wanted
to get out of the Air Force, no matter what the circumstances were.

The applicant was appointed  an  evaluation  officer.   The  applicant
informed the evaluation officer that he  did  not  wish  to  submit  a
rebuttal.  The evaluation  officer  after  considering  all  available
facts was of the opinion that the applicant was unable  to  absorb  or
utilize the skills necessary to make him an effective airman; that  he
had no desire to learn or make himself  learn  to  progress  or  adapt
himself to service  life.   The  evaluation  officer  recommended  the
applicant be discharged with an under honorable  conditions  (general)
discharge.

On 13 March 1956, a psychiatric and/or medical  board  evaluation  was
completed on the applicant with the following findings:

            a.  The applicant was  legally  and  morally  responsible,
able to distinguish right from wrong and adhere to the right.

            b.  No physical or mental defects  existed  of  sufficient
import to warrant action under the  provisions  of  Air  Force  Manual
(AFM) 35-4.

             c.   The  applicant  was  medically  qualified  for  full
military duty with no change in profile.

A legal review was conducted and the base legal office concurred  with
the findings and recommendation of the  evaluation  officer  that  the
applicant be discharged with an under honorable  conditions  (general)
discharge.

On 21 March 1956, the discharge  authority  approved  the  applicant’s
separation and directed he  be  discharged  with  an  under  honorable
conditions (general) discharge.

The applicant was discharged on 3 April 1956, in the grade  of  airman
third class  (A/3C)  with  an  under  honorable  conditions  (general)
discharge.  He had a total of 1 year, 5 months and 20 days  of  active
duty service.

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


_________________________________________________________________

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  service  member'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.  The applicant did not provide any other facts to
warrant an upgrade of his discharge.  Based  on  the  information  and
evidence provided they recommend the request be denied (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  and
counsel on 20 May 2005, for review and response.  As of this date,  no
response has been received by this office.

On 16 June 2005, the  Board  staff  requested  the  applicant  provide
documentation regarding his activities since leaving military service.
 The applicant, as of this date, has not responded (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 of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or an 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 its rationale  as  the  basis  for  our  decision  that  the
applicant has failed to sustain his burden that he has suffered either
an error or an injustice.  After thoroughly reviewing the evidence  of
record, we find no evidence to show that the applicant’s discharge was
erroneous  or  unjust.   The  applicant  was  discharged  due  to  his
inability to perform to military standards.  The records  reflect  the
applicant was given the opportunity for additional training to aid  in
improving his performance;  however,  he  seemingly  improved  on  his
performance  but  eventually  returned  to   a   marginal   performer.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  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-
2005-01032 in Executive Session on 14 July 2005 under  the  provisions
of AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Martha A. Maust, Member
                 Ms. Sharon B. Seymour, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 Mar 05, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 12 May 05.
   Exhibit E.  Letters, SAF/MRBR, dated 20 May 05.
   Exhibit F.  Letter, AFBCMR, dated 16 Jun 05, w/atch.




                                        KATHLEEN F. GRAHAM
                                        Panel Chair