RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01792
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  5 DECEMBER 2006
________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.
________________________________________________________________

APPLICANT CONTENDS THAT:

His problems began while he was in basic  training.   His  instructor  threw
him off a bunk injuring his head, neck and back.  The next day his body  was
sore and his hearing was impaired.  He started  hearing  voices  and  people
talking to him.  Three days  later  he  was  instructed  to  report  to  the
infirmary and to tell the doctors and nurses that  he  was  hearing  voices.
He was examined and was told that  he  was  “home  sick.”   He  received  no
medication or follow-up visit.

After basic training he was reassigned to permanent  K.P.  where  he  washed
trays and loaded trucks.  He was asked by his sergeant to  unload  a  truck.
He responded with the  slang  word  “solid.”   He  was  later  arrested  and
charged with telling his sergeant to “shut up.”   He  lost  his  stripe  and
hope of getting relieved from permanent K.P.

He received orders to Japan.  He went  home  on  furlough  for  a  few  days
without any money.  He was desperate, stranded and  unable  to  get  to  his
base.  He reported to Ellington AFB and was helped to get to his next  base.
 He  arrived  one  and  one-half  days  late  and  was  court-martialed  and
sentenced to six months without pay and  issued  a  bad  conduct  discharge.
After serving his sentence he was told that  he  was  going  to  receive  an
undesirable discharge instead of a bad conduct discharge.

He received his undesirable discharge for no  good  reason  and  has  walked
through life ashamed.  He has suffered another head injury and was  recently
diagnosed with throat cancer.

He remains faithful that he will get a fair hearing.
No  supporting  documents.   The  applicant’s  complete   submission,   with
attachments, is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

It appears fire may have destroyed the majority of the applicant’s  military
personnel records in 1973.  Therefore, the facts surrounding his  Air  Force
military service cannot be  verified.   The  following  is  the  only  known
information concerning his military  service  and  was  extracted  from  the
available documentation submitted by the applicant.

On 2 April 1954, the applicant enlisted in the Regular Air Force at the  age
of 18.  On 20 January 1956, he was discharged in the grade of  airman  basic
(E-1) and issued an undesirable discharge certificate.  He served 1 year,  9
months and 18 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an  investigative  report  pertaining  to  the  applicant
(Identification Record No. 45365D), which is at Exhibit E.

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AIR FORCE EVALUATION:

NO AIR STAFF ADVISORY.

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APPLICANT'S RESPONSE:

On 23 August 2004 a copy of  the  Federal  Bureau  of  Investigations  (FBI)
report was forwarded to the applicant.  As of this  date,  this  office  has
received no response (Exhibit C).  In his undated response  to  our  request
for post-service information, the applicant provided  a  personal  statement
and a Metro Lift application (Exhibit D).

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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.   We  find  no   impropriety   in   the
characterization of applicant's  discharge.   It  appears  that  responsible
officials applied appropriate standards in effecting the separation, and  we
do not find persuasive evidence that pertinent regulations were violated  or
that applicant was not afforded all the rights  to  which  entitled  at  the
time of discharge.  We conclude, therefore, that the  discharge  proceedings
were proper and characterization of the discharge  was  appropriate  to  the
existing  circumstances.  Although   the   applicant   has   provided   some
documentation  concerning  his  post-service  activities,   we   find   this
information insufficient to warrant an  upgrade  of  his  discharge  on  the
basis of clemency.  In  addition,  in  view  of  the  contents  of  the  FBI
Identification Record we are not persuaded that the characterization of  the
applicant’s discharge warrants an upgrade on  the  basis  of  clemency.   In
view of the above we find no basis  to  warrant  favorable  action  on  this
application.

________________________________________________________________

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 9 March 2005, under the provisions of AFI 36-2603:

           Ms. Charlene M. Bradley, Panel Chair
           Ms. Josephine L. Davis, Panel Member
           Mr. James A. Wolffe, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2004-01792:

     Exhibit A.  DD Form 149, dated 13 Jul 04 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letters, AFBCMR, dated 5 Aug 05 & 23 Aug 05.
     Exhibit D.  Letter, Applicant, undated w/atch.
     Exhibit E.  FBI Report.





                                  CHARLENE M. BRADLEY
                                  Panel Chair