RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02329
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  30 January 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he applied for Veteran Administration Health Care  enrollment  he
was told his DD Form 214 was marked undesirable.

In support of the appeal, applicant submits a  personal  statement,  a
copy of his DD  Form  214,  a  copy  of  his  disciplinary  punishment
document,   several   character   reference   documents   and    three
certificates.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 November 1953 in the
grade of airman basic for a period of four years.  Airman third  class
was the highest grade held.

He received an Article 15, dated 9 July 1954, for  disorderly  conduct
in the barracks.  Punishment consisted of reduction to  the  grade  of
airman basic.

He received an Article 15, dated 11 January 1956, for failure to go to
his place of duty.  Punishment consisted of reduction to the grade  of
airman basic.

On 8 March 1956, he was convicted by summary court-martial for failure
to go at the time prescribed to his appointed  place  of  duty  on  or
about 5 March 1956.  Sentence consisted of forfeiture of $50.00 of his
pay.

On  12  March  1956,  the  commander  recommended  the  applicant   be
discharged under the provisions of AFR 39-17 (unfitness).   The  basis
for this recommendation was the commander felt  the  applicant  was  a
habitual shirker of his responsibilities and duties.

On 23 April 1956, applicant was notified  that  a  board  of  officers
would meet to determine whether  or  not  he  was  unfit  for  further
military service.  Applicant acknowledged receipt of the  notification
and indicated he wanted  to  call  witnesses  and  be  represented  by
counsel.

On 25 April  1956,  a  board  of  officers  convened  and  recommended
applicant be discharged from the service because of unfitness with  an
undesirable discharge.   On  16  May  1956,  the  discharge  authority
approved the separation and directed that applicant be discharged with
an undesirable discharge.

Applicant was separated from the Air Force on 2 July 1956,  under  the
provisions of AFR 39-17, Discharge of  Airmen  Because  of  Unfitness,
with an undesirable discharge.  He had served two years, seven  months
and six days on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg,  West  Virginia,  indicated  on  the  basis  of  the  data
furnished they were unable to locate an arrest record (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 12 August 2005, a copy of the Air Force evaluation was forwarded to
the applicant for review and response within 30 days.   On  23  August
2005, applicant was invited to provide information pertaining  to  his
activities since leaving the service.  As of this  date,  no  response
has been received by this office.

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice.  Although no  evidence  has  been  provided
which would lead us to believe the applicant’s discharge was  improper
at  the  time  it  was  effected,  we  believe  evidence  supports   a
recommendation  for  relief  based  on  clemency.   It  appears   that
subsequent to his separation, the  applicant  has  been  a  productive
member of society.  In view of this fact and the applicant’s youth and
apparent immaturity at  the  time  he  served,  we  believe  that  the
continued imposition of the undesirable discharge no longer serves any
useful  purpose  and  that  his  service  characterization  should  be
characterized as “under honorable conditions.”  We are not inclined to
favorably consider upgrading to a fully honorable discharge  based  on
the short period of time he served  before  he  began  to  commit  the
infractions which led to  his  separation.   Accordingly,  it  is  our
opinion that the applicant’s records should be corrected to the extent
recommended below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 2  July  1956,  he
was discharged with service characterized as general (under  honorable
conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 20 September 2005, under the provisions of AFI 36-
2603:

                  Ms. B. J. White-Olson, Panel Chair
                  Ms. Janet I. Hassan, Member
              Mr. James A. Wolffe, Member







All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  BC-
2005-02329 was considered:

   Exhibit A.  DD Form 149, dated 19 Jul 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 9 Aug 05.
   Exhibit E.  Letters, SAF/MRBR, dated 12 Aug 05 and AFBCMR,
               Dated 23 Aug 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair







AFBCMR BC-2005-02329





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 2 July 1956,
he was discharged with service characterized as general (under
honorable conditions).






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency