RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03314
      INDEX CODE:  110.00
      COUNSEL:  JERRY L. BERRY

      HEARING DESIRED:  NOT INDICATED

MANDATORY COMPLETION DATE:  1 MARCH 2007

________________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge should  be  changed  to  honorable  for  “Convenience  of  the
Government.”   He  has  been  diagnosed  with  non-Hodgkin’s  lymphoma   and
positive for post-traumatic stress disorder.  He has never  filed  a  claim.
His undesirable discharge was unwarranted.  He earned the  Vietnam  National
Defense Service Medal, the Vietnam Service medal with Bronze  Star  and  the
Republic of Vietnam Campaign Medal.

In support of his application, he submits an  unsigned  affidavit  from  his
counsel, a copy of an excerpt from an unidentified VA  instruction,  a  copy
of a newspaper article, a copy of his separation document,  and  a  copy  of
his statement  of  petition.   The  applicant’s  complete  submission,  with
attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records are  incomplete.   There  was  no
discharge case file  in  his  military  personnel  records.   The  following
information was extracted from the remaining  documentation  in  the  record
and documents provided by the applicant.

On 29 May 1969, he enlisted in the Regular Air Force at the  age  of  18  in
the grade  of  airman  basic  (E-1)  for  a  period  of  4  years.   He  was
progressively promoted to the grade of airman first  class  (E-3)  effective
and with a date of rank of 1 January 1970.

On 10 February 1971, he received an Article 15 for being adjacent to an  off
limits area,  on  other  than  official  business.   For  this  offense,  he
forfeited $60.00 per month for two months.

On 21 October 1971, he received an Article 15 for failure to go at the  time
prescribed to his appointed  place  of  duty.   For  this  offense,  he  was
reduced to  the  grade  of  airman  basic  (E-1)  suspended,  unless  sooner
vacated.

On 8 March 1972, he was discharged under other  than  honorable  conditions.
He had served two years and nine months on active duty and had ten  days  of
lost time due to absence without leave and confinement.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative report pertaining to the  former  member
(Identification Record No. 2145420J7) (Exhibit F).

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AIR FORCE EVALUATION:

DPPRS has no recommendation.  DPPRS states they are unable to determine  the
propriety of the discharge  based  on  the  lack  of  documentation  in  the
applicant’s record.  DPPRS notes the applicant did not submit  any  evidence
or identify  any  errors  or  injustices  that  occurred  in  the  discharge
processing.  DPPRS defers to the Board to determine if the applicant  should
be granted relief based on  the  limited  supporting  documentation  in  his
record (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, dated  21  February  2006,  the
applicant provided his detailed explanation in  regards  to  his  discharge,
along with copies of documentation extracted from his  discharge  case  file
and medical records.  His complete submission is at Exhibit E.

On 27 February  2006,  the  applicant  was  invited  to  submit  information
pertaining to his post-service accomplishments.  On 16 March  2006,  a  copy
of the Federal Bureau of Investigations (FBI) report was  forwarded  to  the
applicant.   To this date, no response has  been  received  on  any  of  the
aforementioned correspondence.

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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.   After  careful  consideration  of  the
available evidence and in the absence of evidence by the  applicant  to  the
contrary, we believe that the actions taken to  effect  his  discharge  were
proper and in compliance with the provisions of  the  governing  regulations
in  effect  at  that  time.    In  addition,  the  applicant   provided   no
documentary evidence to support  his  allegations  that  his  discharge  was
unwarranted or that the disciplinary actions taken against him were  unjust.
 In view of this fact and in the absence of more expansive evidence  by  the
applicant attesting to a successful post-service adjustment  during  the  34
years after his discharge from  service,  we  are  not  inclined  to  extend
clemency in this case.  Therefore, we find no  basis  to  warrant  favorable
action on this application.

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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.
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The  following  members  of  the  Board  considered  AFBCMR  2005-03314   in
Executive Session on 20 April 2006, under the provisions of AFI 36-2603:

           Mr. Michael J. Maglio, Panel Chair
           Ms. Debra Walker, Member
           Mr. Elwood C Lewis III, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 24 Oct 05 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 27 Jan 06.
     Exhibit D.  Letters, SAF/MRBR, dated 3 Feb 06;
                 AFBCMR, dated 27 Feb & 15 Mar 06.
     Exhibit E.  Applicant’s Rebuttal, dated 21 Feb 06 w/atchs.
     Exhibit F.  FBI Report.




                                  MICHAEL J. MAGLIO
                                  Panel Chair