RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01556
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 NOVEMBER 2007

________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  (undesirable)  discharge  be
upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

While in the military he was young and very confused.  He got into  drinking
and drugs.  As he got older he stopped both of them on his own self will.

It has been 34 years since his discharge and he has led a good honest  life,
raising a family, and has been married for 29 years.  He  has  not  been  in
any trouble since his discharge and has no  arrests.   He  has  had  a  good
truck driving career which included  delivering  explosives,  missiles,  and
weapons for the military.  He deserves to have his discharge changed  and  a
second chance as a patriot and a citizen of good stature of his country.

In support of his request, applicant  provided  his  personal  statement,  a
statement from his wife, and copies of his DD Form 214, Armed Forces of  the
United  States  Report  of  Transfer  or  Discharge  and  DD   Form   258AF,
Undesirable Discharge Certificate.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty in the Air Force on 8 Jan 71, for a period  of
four years in the grade of airman basic.

Applicant’s commander recommended appropriate action be initiated under  the
provisions of AFM 39-12 to separate him with an  undesirable  discharge  for
frequent involvement of a discreditable nature with  civilian  and  military
authorities.  The following is the basis of the commander’s recommendation:

      a.  Applicant was absent without leave (AWOL) from 7 Jul 71 to  7  Aug
71.  For this infraction he received an Article 15,  punishment imposed  was
reduction in grade to airman basic, forfeiture of $71.00 pay,  and  30  days
extra duty.


      b.  Applicant was AWOL  from  6  Nov  71  to  11  Nov  71.   For  this
infraction he received an Article 15, punishment imposed was  forfeiture  of
$31.00 of pay per month for two months,  restriction  to  the  base  for  14
days, and 14 days of extra  duty.  He  was  also    convicted  for  criminal
trespass on 11 Nov 71


      c.  Applicant was classified as a user of drugs by  medical  authority
on 23 Nov 71.


      d.  Applicant was AWOL from  16  Dec  71  to  18  Dec  71.   For  this
infraction he received an Article 15, punishment imposed was  forfeiture  of
$62.00 pay, and restriction to the base for 14 days.

      e.  Applicant was AWOL from  3  Jan  72  to  14  Feb  72  and  was  in
confinement awaiting court-martial.

On 24 Feb 72, after consulting with legal  counsel,  applicant  submitted  a
request for discharge for the good of the service.  He  understood  that  if
his request was approved he may receive an undesirable discharge.

The wing Deputy Staff Judge Advocate reviewed the case  file  and  found  it
legally sufficient to support discharge and recommended an  under  honorable
conditions  (general)  discharge  versus  an  undesirable  discharge.    The
discharge authority approved applicant’s request for discharge for the  good
of the service and directed that he be discharged with an under  other  than
honorable conditions (undesirable) discharge.

Applicant was discharged on 17 Mar 72, in the grade of airman  basic,  under
the provisions of AFM 39-12, by reason of  request  for  discharge  for  the
good of  the  service,  with  service  characterized  as  under  other  than
honorable conditions (undesirable).  He served on active duty for  a  period
of 10 months, and 13 days.

A copy of a Federal Bureau of Investigation (FBI) report, provided  pursuant
to the Board’s request, contained no entries subsequent to  the  applicant’s
discharge.  (Exhibit C)

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied,  and  states,  in  part,
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  evidence  or  identify  any  errors  or
injustices that occurred in the  discharge  processing.   Additionally,  the
applicant provided  no  facts  warranting  a  change  to  his  character  of
service.

A complete copy of the DPPRS evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 23 Jun 06, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice.  Even though the applicant has  provided
no evidence to show that his discharge was improper  or  not  in  compliance
with appropriate directives, it is our opinion that approval of some  relief
is warranted in this case.  It appears from the statements provided that  he
has led a stable and productive  life  and  it  appears  that  there  is  no
evidence that he has had any subsequent serious involvement of a  derogatory
nature since his separation from the Air Force.  In light of the  above,  we
believe that it would be an injustice for him  to  continue  to  suffer  the
adverse effects of an undesirable discharge.   Therefore  on  the  basis  of
clemency,  we  believe  an  upgrade  of  his  discharge  to  general  (under
honorable conditions) is warranted.  His request for  upgrade  to  honorable
was considered; however, in the absence of evidence by the  applicant  other
than his own statement and his wife’s statement pertaining to the facts  and
circumstances surrounding his separation and his  activities  since  leaving
the service, we do  not  believe  that  an  upgrade  to  a  fully  honorable
discharge is warranted.  Accordingly,  we  recommend  that  his  records  be
corrected as indicated 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       17  March  1972,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
01556 in Executive Session on 9 August 2006, under the provisions of AFI 36-
2603:

      Mr. Christopher D. Carey, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Mr. Grover L. Dunn, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 8 May 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, AFPC/DPPRS, dated 13 Jun 06.
     Exhibit E.  Letter, SAF/MRBR, dated 23 Jun 06.




                                   CHRISTOPHER D. CAREY
                                   Panel Chair



AFBCMR BC-2006-01556




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 17 March 1972, he
was discharged with service characterized as general (under honorable
conditions).







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency