RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
02195
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  15 JANUARY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He got into trouble for eluding the law and was told the Air  Force
would release him with an undesirable discharge.  He was not  given
a choice or representation.

In support of his request, the applicant provided a copy of his  DD
Form 214, Report of Separation from the Armed Forces of the  United
States.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  1  Aug  51,  for  a
period of four years in the grade of  airman  basic.   His  highest
grade held was airman second class.

On 7 Jul 53, applicant was convicted by special  court-martial  for
being absent without proper authority from on or about 1 Jun 53, to
on or about 27 Jun 53.  He was sentenced  to  confinement  at  hard
labor for 1 month and 15 days, and forfeiture of $25 pay per  month
for three months.  He was reduced to  the  grade  of  airman  basic
effective 7 Jul 53.

On 1 Oct  53,  the  applicant,  while  driving  a  privately  owned
automobile and being escorted to Bergstrom AFB by a city patrolman,
attempted to elude the officer and was shot in the neck.

On 28 Oct 53, applicant was escorted to a grand jury inquiry at the
county court house, with instructions to  return  to  his  squadron
upon completion.  He failed to report for duty on 29  Oct  53,  and
was classified as AWOL.  On 27 Nov 53, applicant was  dropped  from
the rolls of his organization as a deserter.  On 15 Dec 53, he  was
apprehended by military authorities in Oklahoma.

On 19 Apr 54, applicant was convicted of swindling  with  worthless
checks by the County Court of Travis County, TX.  He was  sentenced
to a fine of $1,572.50 and three months in jail.

On  21  Apr  54,   applicant’s   squadron   commander   recommended
appropriate action be initiated under the provisions of  AFR  39-22
to separate applicant with an undesirable discharge.  The discharge
authority approved the separation and directed  that  applicant  be
discharged with an undesirable discharge.

Applicant  was  discharged  under  the  provisions  of  AFR   39-22
(Conviction by Civil Court) with an undesirable discharge on 1  May
54, in the grade of airman basic.  He was credited with 1 year,  11
months, and 26 days of active military service (excludes  274  days
lost time due to AWOL and confinement).

Pursuant to the request of the Board on  12  Sep  05,  the  Federal
Bureau of Investigation, Clarksburg, WV, indicated on  16  Sep  05,
that, on the basis of data furnished, they are unable to locate  an
arrest record (Exhibit C).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They stated, in part, that 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.   Additionally,  the  applicant  provided  no
evidence or identified any errors or injustices  that  occurred  in
the discharge processing.  He 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:

On 2 Sep 05, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not 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.   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  applicant’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  he  has  suffered  from  an  injustice.
Therefore, based on the available evidence of record,  we  find  no
basis upon which to favorably consider 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 Docket Number BC-2005-
02195 in Executive Session on 6 October 2005, under the  provisions
of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Ms. Sue A. Lumpkins, Member
      Mr. Terry L. Scott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jul 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 25 Aug 05.
    Exhibit E.  Letter, SAF/MRBR, dated 2 Sep 05.




                                   WAYNE R. GRACIE
                                   Panel Chair