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AF | BCMR | CY2005 | BC-2005-02667
Original file (BC-2005-02667.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02667
            INDEX CODE:  110.02
      XXXXXXXXXXXXXX   COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  28 FEB 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had no rights in 1956 to apply for an upgrade, because civil rights  were
non existent during that time.  He did not have an attorney and  was  denied
due process.

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

His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by fire  in  1973.
Data extracted from his reconstructed record reflects  he  enlisted  in  the
Regular Air Force on 1 November 1954.  On 19 June 1956,  the  applicant  was
notified by his commander that he was recommending he be  discharged,  under
the provisions of AFR 39-17, for unfitness.  The basis for  the  action  was
he had been convicted by three  (3)  summary  court  martials  and  two  (2)
special court-martials during  his  period  of  active  duty;  he  had  been
counseled  on  several  occasions  to  determine  if  military  or  personal
problems existed and on each occasion applicant  stated  there  was  nothing
other than the fact he did not like the  Air  Force  and  only  wanted  out;
Applicant asked to be given a bad conduct discharge; applicant could not  be
given  a  job  that  required  any  initiative  because  of  his   lack   of
responsibility and indifference.

He acknowledged receipt of the notification of discharge action  and  waived
his right to a hearing before a board of officers  and  requested  discharge
without benefit of board proceedings.

The discharge authority approved the separation and directed that  applicant
be discharged with an undesirable discharge.

He was separated on 17 August 1956,  under  the  provisions  of  AFR  39-17,
Unfitness, and  issued  an  undesirable  discharge.   The  applicant  served
1 year and 7 months on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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.

The applicant did not submit any new evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing.  He provided no  facts
warranting an upgrade in his discharge to honorable.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 23  Sep
2005, for review and comment within 30 days.  As of this date,  this  office
has received no response.

_________________________________________________________________

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 an error or injustice.   After  careful  consideration  of  the
available evidence, we found no indication that the actions taken to  effect
his discharge were improper or contrary to the provisions of  the  governing
regulations in effect at the time, or that the  actions  taken  against  the
applicant were based on factors other than his own  misconduct.   Therefore,
we agree with the opinion and recommendation of  the  Air  Force  office  of
primary responsibility and adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.  Therefore, in the absence of evidence to the contrary,  we  find
no compelling  basis  to  recommend  granting  the  relief  sought  in  this
application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 8 November 2005, under the provisions of AFI 36-2603:

                       Ms. Kathleen F. Graham, Panel Chair
                       Mr. Alan A. Blomgren, Member
                       Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Aug 05, w/atch.
    Exhibit B.  Applicant's Reconstructed Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 14 Sep 05.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Sep 05.





                                             KATHLEEN F. GRAHAM
                                             Panel Chair

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