RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00130
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  10 July 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He went Absent Without Leave (AWOL) when his fiancé was in the hospital  and
he couldn’t get emergency leave.  She subsequently died and he flipped  out.
 While serving time in the county jail for fighting and being drunk, he  was
discharged before he could return to his unit.

In support of his application, the applicant provides a copy of his DD  Form
214, Report of Separation From the Armed Forces of  the  United  States.   A
copy of the applicant’s complete submission, with attachment, is at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 March 1953, the applicant enlisted in the Regular  Air  Force  at  the
age of 17 in the grade of airman basic (E-1) for a  period  of  four  years.
The applicant was progressively promoted to the grade of airman third  class
(E-2) effective 10 June 1953.

The applicant was tried and convicted by  summary  court-martial  for  being
AWOL from 31 July 1953 to 16  August  1953.   His  punishment  consisted  of
reduction to the grade of airman basic (E-1), confinement at hard labor  for
30 days, and forfeiture of $50 of his pay.  On  14  December  1953,  he  was
tried and convicted by special court-martial for being AWOL from 2  November
1953 to 21 November 1953.  He received punishment of 57 days of  confinement
at hard labor and forfeiture of $55 of his  pay.   On  5 January  1954,  the
applicant was absent from leave,  and  remained  in  AWOL  status  until  16
January 1954.  Upon his return to military control, he was confined  to  the
base stockade to serve the remainder of his sentence.  After his  return  to
duty on  15 March  1954,  the  applicant  absented  himself  without  proper
authority on 23 March 1954 and remained absent until 5 April 1954.   He  was
again placed in confinement until 19 April 1954.

On 12 April 1954, his commander initiated action against  the  applicant  to
appoint a Board of Officers to determine whether  he  should  be  discharged
from the Air Force under the provisions of AFR 39-17.   On  12  April  1954,
the applicant acknowledged receipt of the notification of discharge,  waived
his right to a hearing, and requested discharge  without  benefit  of  board
proceedings.  On 21 April 1954, the Acting Staff Judge  Advocate  found  the
case to be legally sufficient to warrant an undesirable discharge under  AFR
39-17.

The discharge authority approved the  recommended  separation  and  directed
that the  applicant  be  discharged  with  an  undesirable  discharge.   The
applicant was discharged effective 14 May 1954.  He had served eight  months
and three days on active duty.  Time lost was 76  days  due  to  confinement
and 85 days due to AWOL.

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 H.

_________________________________________________________________

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:

Copies of the Air Force evaluation and the FBI report  were  forwarded  to
the applicant on 3 February 2006 and 7 March 2006 for review  and  comment
(Exhibits D and G).   As  of  this  date,  this  office  has  received  no
response.

On 22 February 2006, the applicant  was  given  the  opportunity  to  submit
comments about his post service activities (Exhibit E).   In  response,  the
applicant provided a  personal  statement,  a  character  reference,  and  a
summary of his earnings  for  years  1951  through  1982.   The  applicant’s
complete submission, 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.   In  view  of  the
foregoing and in the absence of evidence by the applicant  attesting  to  a
successful post-service adjustment in the years since  his  separation,  we
are not inclined to extend clemency in this case.  Therefore,  we  conclude
that no basis exists upon  which  to  recommend  favorable  action  on  his
request that it be changed.

_________________________________________________________________

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 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 for AFBCMR  Docket  Number  BC-2006-00130
was considered:

      Exhibit A.  DD Form 149, dated 9 Jan 06, w/atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 26 Jan 06.
      Exhibit D.  Letter, SAF/MRBR, dated 3 Feb 06.
      Exhibit E.  Letter, AFBCMR, dated 22 Feb 06, w/atch.
      Exhibit F.  Applicant’s rebuttal, not dated.
      Exhibit G.  Letter, AFBCMR, dated 7 Mar 06.
      Exhibit H.  FBI Report 190763C, dated 24 Feb 06.




                             MICHAEL J. MAGLIO
                                             Panel Chair