RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02761
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXXX               COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  11 March 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be  upgraded  to
general under honorable conditions.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He suffered from a break-down in his mental ability to function  because  he
could not adjust to the Vietnam and Philippines political environment.   His
requests to  be  transferred  state-side  were  ignored.   He  has  lived  a
productive life over the past 37 years with no criminal  record  or  charges
to date.

In support of his application, he provided a copy of his DD Form 214,  Armed
Forces of the United States Report of Transfer or Discharge.  A copy of  the
applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 April 1965, the applicant enlisted in the Regular  Air  Force  at  the
age of 18 in the grade of airman basic (E-1) for a  period  of  four  years.
He was progressively promoted to the  grade  of  airman  first  class  (E-3)
effective and with a date of rank of 1 June 1966.  Following his  completion
of basic training, the applicant was  trained  and  served  as  a  Personnel
Clerk.  He received four airman  performance  reports  from  the  period  30
April 1965 through 14 April 1967 with ratings of “outstanding potential  for
Air Force career.”

On 22 May 1967, the  applicant  received  an  administrative  reprimand  for
unbecoming conduct following an  incident  involving  him  being  drunk  and
disorderly,  failing  to  obey  a  lawful  order,  provoking  speeches,  and
resisting  apprehension.   On  13  November  1967,  the  applicant  received
Article 15 punishment for disorderly conduct during an  incident  where  his
attitude was in very poor taste, he was belligerent in his  speech,  and  he
refused to cooperate with Security  Police.   His  punishment  consisted  of
reduction in grade to airman  (E-2),  suspended  until  13  April  1968  and
restriction to the limits of the Air Base for 45 days.

On 29 March 1968, his commander informed  the  applicant  of  courts-martial
charges against  him  based  upon  six  specifications  involving  assaults,
threats, and failure to obey an order, all occurring on 24  March  1968  and
arriving at what was essentially one transaction.   His  Squadron  Commander
and Assistant Judge Advocate stated the charges had been reviewed for  legal
sufficiency and found to be serious enough in nature to warrant a  trial  by
special courts-martial at the lowest level, and could easily result  in  the
imposition of a bad conduct discharge as part  of  the  punishment,  in  the
event his guilt were to be established for any one or more of the  offenses.
 On 1 April 1968, the applicant requested discharge under Air  Force  Manual
39-12, paragraph 2-78, for the good of the  service  in  lieu  of  trial  by
courts-martial.   On  17  April  1968,   his   commander   recommended   the
applicant’s request for separation be accepted and an undesirable  discharge
be approved.  Following legal reviews, finding the file legally  sufficient,
it was  recommended  that  the  applicant’s  request  be  approved  with  an
undesirable discharge.

On 1 May 1968, the discharge authority approved the applicant’s request  and
directed he be separated with an UOTHC discharge  under  the  provisions  of
Air  Force  Manual  39-12,  Chapter  2,  Section  F,  paragraph  2-78.   The
applicant was discharged effective 10 May 1968 with an UOTHC discharge.   He
served 3 years and 11 days of active duty.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided a copy of an  Investigation  Report  pertaining  to
the applicant, which is at Exhibit G.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the  applicant’s  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation in affect at that time and was  within  the  discretion
of the discharge authority.  The applicant did not submit  any  evidence  or
identify  any  errors  or  injustices  that  occurred   in   his   discharge
processing.  It is DPPRS’ opinion that the applicant has provided  no  facts
warranting a change to his character of service.  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  7
October  2005  for  review  and  comment  within  30  days  (Exhibit   D).
Additionally, on 20 October 2005, the applicant was given the  opportunity
to submit comments about his post service  activities  (Exhibit  E).   The
applicant  responded  by  submitting  a  personal  statement  and  various
documents concerning his employment and training over the  past  35  years
since his discharge.  The applicant  rebuttal,  with  attachments,  is  at
Exhibit F.

_________________________________________________________________

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 probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.   Furthermore,  the
applicant has provided no  evidence  indicating  that,  subsequent  to  his
separation, he has made a successful post service adjustment.  We note  the
inconsistency between the applicant’s claim of no criminal record since his
discharge and the FBI Report provided for our review.   In  addition,  even
though the applicant has provided evidence that he is  gainfully  employed,
he has provided no evidence  showing  that,  in  the  37  years  since  his
discharge, he  has  become  a  productive  and  upstanding  member  of  his
community.  Therefore, we  are  not  inclined  to  favorably  consider  his
request based on clemency.  Accordingly, the applicant’s request is denied.

_________________________________________________________________

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 this application in  Executive
Session on 28 February 2006, under the provisions of AFI 36-2603:

                 Mr. Michael J. Novel, Panel Chair
                 Ms. Renee M. Collier, Member
                 Ms. Josephine L. Davis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-02761:

      Exhibit A.  DD Form 149, dtd 3 Sep 05, w/atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPRS, dtd 3 Oct 05.
      Exhibit D.  Letter, SAF/MRBR, dtd 7 Oct 05.
      Exhibit E.  Letter, SAF/MRBC, dtd 20 Oct 05.
      Exhibit F.  Applicant’s Letter, dtd 27 Oct 05, w/atchs.
      Exhibit G.  Letter, SAF/MRBC, dtd 8 Dec 05, w/atch FBI Rpt.




                                                   MICHAEL J. NOVEL
                                                   Panel Chair