RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01791
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  07 December 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given an Article 15 and  reduction  in  rank  for  accidentally
discharging a weapon.  His seniority and time in grade were also taken
away.

In support of the appeal, applicant submits a  personal  statement,  a
copy of his DD Form 214, a copy of his employment record,  a  copy  of
three special orders,  two  copies  of  his  Security/Law  Enforcement
Individual Qualification Record, a copy of his  APRs,  two  copies  of
Certificates of Achievement, and two  memorandums  from  his  civilian
job.  Applicant's complete submission, with attachments, is at Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 January 1963 in  the
grade of airman basic for a period of four  years.   He  received  two
airman performance reports (APRs) closing 28 January 1964 and 1 August
1964 in which the overall evaluations were “A Good Airman,” performing
well in present grade, and “A  Good  Airman,”  do  not  recommend  for
promotion.

On 11 August 1964, applicant  was  notified  that  the  commander  was
recommending he be discharged from the  Air  Force  as  an  unsuitable
airman under the provisions of Section B, AFR 39-16, and  that  he  be
furnished a general discharge.   His  reasons  for  this  action  were
enumerated in paragraph 4c, AFR 39-16, apathy and  effective  attitude
as evidenced by the following offenses, incidents and/or deficiencies:
 (1) On 23 April 19964, he  received  an  Article  15  for  carelessly
discharging a service revolver.  Punishment consisted of reduction  to
the grade of airman basic, restriction to the limits  of  Cannon   AFB
for 30 days, with two hours of extra duty each day, and forfeiture  of
$40.00 of his pay for one month.  (2) On 3 August 1964, he received  a
Letter of Reprimand  (LOR)  for  reporting  for  duty  in  an  unclean
uniform.  (3) On 3 August 1964,  a  statement  was  submitted  by  his
flight commander describing his  poor  personal  appearance,  negative
attitude and poor military bearing.  Furthermore, he lacked the desire
to work for and toward his 5 level.  (4) On 3 August 1964, the Officer
in Charge (OIC), Unit Training, submitted a statement  describing  his
slow progression and negative attitude in  his  on  the  job  training
(OJT).

Applicant acknowledged receipt of the notification  of  discharge  and
elected not to submit statements in his own behalf.

On 14 August 1964, applicant was interviewed by an evaluation  officer
in accordance with paragraph 8d(2), Section B,  AFR  39-16.   Subjects
covered during the interview were:  (1) He was counseled regarding his
case and given an explanation  of  action  recommended.   (2)  He  was
advised of his right to submit a rebuttal and make statements  in  his
own behalf and elected not to do so.  (3) He  expressed  a  desire  to
return to civilian life as soon  as  possible.   (4)  He  expressed  a
dislike toward military service  and  subjection  to  authority.   (5)
Displayed no interest in conforming to Air Force standards.

The evaluation officer recommended applicant be  discharged  from  the
Air Force with  an  under  honorable  conditions  (general)  discharge
without being subject to the rehabilitation program.

The  base  legal  office  reviewed  the  case  and  found  it  legally
sufficient  to  support  separation  and  recommended   applicant   be
discharged with an  under  honorable  conditions  (general)  discharge
without probation and rehabilitation.

The discharge authority approved  the  separation  and  directed  that
applicant be discharged with an under honorable  conditions  (general)
discharge without probation and rehabilitation.

Applicant was separated from the Air Force on 8 September  1964  under
the  provisions  of  AFR   39-16   (discharged   for   inaptitude   or
unsuitability),  with  an   under   honorable   conditions   (general)
discharge.  He served 1 year, 7 months and 10 days on active duty.

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:

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 22 July 2005, a copy of the Air Force evaluation for was  forwarded
to the applicant for review and response within 30 days.  On 3  August
2005, the applicant was invited to provide information  pertaining  to
his activities since leaving the service (Exhibit E).

Applicant provided a statement, with additional documents,  describing
his duties while stationed at Cannon AFB.  Everything was great  until
the accidental discharge of his weapon.  After that,  everything  went
downhill.  He lost everything.  He requested  to  return  to  civilian
life.  His discharge was  granted.   In  civilian  life  he  became  a
building contractor and has been ever since (35 years).  He  owns  his
own house and lives in Texas.  He  has  three  grown  children  and  a
decent life.  He went to work in central Baghdad, Iraq as  a  civilian
contractor.  While he was there he injured his hip and was  sent  back
to the United States.  His injury has not healed thus far  and  he  is
still being treated by doctors as of this date.

Applicant provided a statement,  undated,  in  reference  to  his  FBI
Report saying that he  was  found  not  guilty  and  the  others  were
dismissed.  He states that his biological father was named J--- W. S---
, his mother remarried when he was five years old.  His stepfather was
named E--- J. J--- - U.S. Army.  They went overseas and all  over  the
United States while he was a dependent.   His  passport  and  all  his
school records were under the name J---D. J---.   That  was  his  name
until  he  enlisted  in  the  Air   Force.    After   his   background
investigation he was told his legal name was J--- D. S---.  So he  had
to use it in the Air Force.  Both names have the same social  security
number.

Applicant's complete responses, with attachments, are at 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 error or injustice.  Evidence has not  been  provided
leading us to believe  the  applicant’s  discharge  was  erroneous  or
unjust.   The  applicant  has  provided  no   evidence   showing   the
information in his discharge case file was erroneous, his  substantial
rights were violated, or his  commanders  abused  their  discretionary
authority.  We  have  noted  the  limited  evidence  provided  by  the
applicant concerning his post-service activities.  However, in view of
the length of time that has  elapsed  since  his  separation  and  the
information contained in the FBI report, we do not find  the  evidence
provided  sufficient  to  warrant  favorable  consideration   of   the
applicant’s request 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  this  application  in
Executive Session on 4 October 2005, under the provisions of  AFI  36-
2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Mar 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 19 Jul 05.
      Exhibit E. Letters, SAF/MRBR and AFBCMR, dated 22 Jul 05,
                3 Aug 05 and 23 Aug 05.
      Exhibit F. Applicant’s Response, undated.




                             B. J. WHITE-OLSON
                             Panel Chair