RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
02114
                                             INDEX CODE:  100.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  9 JANUARY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband’s under other than honorable  conditions  (undesirable)
discharge be upgraded to honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband’s over four years in  the  military  should  constitute
burial rights and a headstone marker.

In support  of  her  appeal,  applicant  provided  a  copy  of  her
husband’s discharge memorandum, a Motion to  Dismiss  charges,  and
his death certificate.

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

___________________________________________________________________

STATEMENT OF FACTS:

The member served in the Air National  Guard  from  27  May  54  to
28 Nov 57.  His highest grade held was airman second  class  (E-3).
He enlisted in the Regular Air Force on 29 Nov 57, for a period  of
four years, in the grade of airman third class (E-2).

On 9 Jul 58, applicant was punished under the provisions of Article
15, UCMJ, for being drunk and belligerent  toward  both  civil  and
military police on or about 21 Jun 58.  Punishment consisted  of  a
reduction in grade to airman basic.

On 15 Nov 58, member  was  apprehended  by  civil  authorities  for
burglary and conspiracy to commit burglary.  On 24 Nov 58, he  pled
guilty to the second count, conspiracy  to  commit  burglary.   The
judge dismissed the  first  count  of  burglary.   The  member  was
sentenced to two years of probation.  A 14 Jan 59, letter addressed
to the Adjutant indicates that on 5 Jan  59,  the  court  ruled  to
dismiss the second count of conspiracy to commit  burglary  due  to
insufficient evidence upon which to base a prosecution.
On 12 Feb 59, the group commander initiated  discharge  action  and
recommended the member be discharged from the Air  Force  based  on
his being tried and convicted by a civil court  for  conspiracy  to
commit burglary.

On 30 Mar 59, the discharge authority approved the  separation  and
directed that the member be discharged with  an  under  other  than
honorable conditions (undesirable) discharge.

On 6  Apr  59,  the  member  was  discharged  with  an  undesirable
discharge, under the  provisions  of  AFR  39-22,  with  Separation
Designation Number (SDN) 284 (Misconduct-convicted by  civil  court
during current term of military service).  He was credited  with  4
years, 9 months, and 5 days of total active  service  (excludes  45
days of lost time due to civil confinement).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided  a  copy  of  an
investigation report, which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They stated, in part, that the discharge was  consistent  with  the
procedural  and   substantive   requirements   of   the   discharge
regulation.   The  discharge  was  within  the  discretion  of  the
discharge authority.  The applicant did not submit any evidence  or
identify any errors or injustices that occurred  in  the  discharge
processing.   Additionally,  the  applicant   provided   no   facts
warranting a change to the 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 5 Aug 05 for review and comment within 30 days (Exhibit E).

On 18 Aug 05, the AFBCMR staff offered the applicant an opportunity
to provide information pertaining to her husband’s activities since
leaving the service (Exhibit F).

On 26 Aug 05, a  copy  of  the  FBI  Report  of  Investigation  was
forwarded to the applicant for review and  comment.   To  date,  no
responses have been received from the applicant.

___________________________________________________________________

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.   After  careful
consideration of the available evidence, the discharge  appears  to
be in compliance with the governing regulations in  effect  at  the
time and we find no evidence to indicate that the  former  member’s
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  the  former  member  suffered  from  an
injustice.  Therefore, based on the available evidence  of  record,
we find no basis upon which to favorably consider this request.

___________________________________________________________________

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 Docket Number BC-2005-
02114  in  Executive  Session  on  21  September  2005,  under  the
provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Charlie E. Williams Jr., Member
      Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 28 Jul 05.
    Exhibit E.  Letter, SAF/MRBR, dated 5 Aug 05.
    Exhibit F.  Letters, AFBCMR, dated 18 and 26 Aug 05.




                                   JOSEPH G. DIAMOND
                                   Panel Chair