RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03781
            INDEX CODE: 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  17 Jun 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1963 general discharge be changed to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was caught wearing white  socks  with  his  uniform  and  given  an
Article 15.  He was reduced in rank and character of discharge when he
was separated from the service.  He had no other discrepancies in  his
service.  He was given the option of going to Alaska and extending  or
taking a general discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 Aug 60, and  was
assigned to the 686th Aircraft Control and Warning Squadron (686 ACWS)
at Walker AFB, NM, as an administrative clerk/specialist.

On 1 May 61, the applicant received an Article 15 for being disorderly
in the barracks on 30 Apr 61.  He was sentenced to perform hard  labor
for 14 days.

On 6 Nov 61, the applicant was counseled by the squadron commander for
failing to obey a direct order from a commissioned officer.

On 8 Nov 61,  he  was  counseled  regarding  the  military  system  of
authority and seniority.  He was again counseled on 9 Nov 61  for  his
disrespect towards an NCO, and his stating at that time  that  he  was
being persecuted and had an uncontrollable desire to inflict injury on
or to kill the NCO.


On  20 Nov  61,  because  of  his  frequent  use  of   profanity   and
obscenities, the applicant was moved to another section  to  be  under
the direct supervision of a more senior NCO.

According to Special Order A-7, dated  1 Jun  62,  the  applicant  was
promoted to the permanent grade of airman second class, effective  and
with a date of rank (DOR) of 1 Jun 62.

During the month of Sep  62,  the  applicant  was  negligent  in  duty
performance, and was rude and disobedient to his supervisors.

On 22 Sep 62, he was apprehended  by  the  base  police  for  reckless
driving.

On 26 Sep 62, the applicant received an Article 15 for failing  to  go
to his appointed place of duty on 21 Sep 62.  He was demoted to airman
third class.  He provided no matters for  consideration  and  did  not
appeal.

On 20 Nov 62, the applicant was found guilty by summary  court-martial
for treating a staff sergeant with contempt on or about 16 Nov 62,  by
saying “I wish I was making you mad enough to strike me,” or words  to
that effect.  He was  restricted  to  the  base  for  seven  days  and
forfeited $10.00.

On 16 Apr 63, the applicant was reduced from  airman  third  class  to
airman  basic  with  30  days  of  correctional  custody   for   using
disrespectful language to his superior NCO on 12 Apr 63.

On 25 Apr 63, the applicant was notified of his commander’s intent  to
recommend discharge for unsuitability (apathy and defective attitude).
 The applicant submitted a statement in his behalf.  On 6 May  63,  an
evaluation officer interviewed the applicant, noted his file  revealed
a  lengthy  history  of  nonconformity  to  military  standards,   and
recommended a general discharge.  The discharge authority approved the
applicant’s general discharge on 7 May 63.

On 10 May 63, the applicant was discharged  in  the  grade  of  airman
basic   with   a   general    characterization    of    service    for
ineptitude/unsuitability after 2 years, 8 months and 12 days of active
service.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., indicated that, on the basis of the data  furnished,
they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial, contending the applicant’s  discharge
was consistent with the procedural and substantive requirements of the
discharge regulation and within the discharge authority’s  discretion.
The applicant submitted  no  evidence  or  identified  any  errors  or
injustices that occurred in the discharge processing. He  provided  no
facts warranting a change to his reenlistment code.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 13 Jan 06 for review and comment within 30 days  (Exhibit
E).  On 30 Jan 06, the applicant was invited to  provide  post-service
information within 20 days in support of his appeal (Exhibit F).

The applicant  provided  two  responses.   He  claims  he  never  used
profanity in  his  life,  never  used  drugs  or  alcohol  other  than
socially, or been charged with any crime.  He claims the incidents  of
misconduct in the Air Force never happened but were made up by his 1st
Sergeant, who disliked him.  He gives his version  of  events.   In  a
second response, the applicant  submitted  post  service  information,
indicating he earned a bachelor’s degree in public administration  and
worked for the XXXXXXX Fire Department  for  30  years.   He  provides
several certificates of fire service achievement and training.

Complete copies of the applicant’s responses, with attachments are  at
Exhibit G.

_________________________________________________________________

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  error  or  injustice  to  warrant  upgrading   the
applicant’s discharge to honorable.  No evidence  has  been  presented
which would lead us to believe his discharge was improper or  contrary
to the directive under which it was effected.  The applicant’s  record
of misbehavior appears to support the characterization of  service  he
received at the time of his discharge, and we  cannot  determine  with
certainty that the actions taken against him were the  result  of  his
1st Sergeant’s dislike as the applicant  contends.   Nevertheless,  in
view of the applicant’s successful transition  to  civilian  life,  as
evidenced by the post-service documentation he has provided,  and  the
FBI report indicating he has been a law-biding  citizen,  we  conclude
that upgrading his discharge to honorable on  the  basis  of  clemency
would  be  appropriate.   Accordingly,   we   recommended   that   the
applicant’s records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to show that on 10 May 1963, he
was  honorably  discharged  and  furnished  an   Honorable   Discharge
certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 23 May 2006 under the provisions of AFI 36-2603:

                 Ms. Cathlynn B. Sparks, Panel Chair
                 Mr. Jay H. Jordan, Member
                 Ms. Josephine L. Davis, Member

All  members  voted  to  correct  the  records,  as  recommended.  The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2005-03781 was considered:

   Exhibit A.  DD Form 149, dated 7 Dec 05, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Negative FBI Report - No Arrest Record.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 10 Jan 06.
   Exhibit E.  Letter, SAF/MRBR, dated 13 Jan 06.
   Exhibit F   Letter, AFBCMR, dated 30 Jan 06.
   Exhibit G.  Letters, Applicant, dated 8 & 10 Feb 06, w/atchs.




                                   CATHLYNN B. SPARKS
                                   Panel Chair

AFBCMR BC-2005-03781




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     , be corrected to show that on 10 May 1963, he
was honorably discharged and furnished an Honorable Discharge
certificate.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency