RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00540
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 JUL 2007

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was not found in violation of a regulation and had a good record.

In support of his request, applicant provided DD Form 293,  Application  for
the Review of Discharge from the Armed Forces of the United States.

His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 22 November  1968  for  a
period of four years.

On 27 February  1970,  court-martial  charges  were  preferred  against  the
applicant for  being  absent  without  leave  (AWOL)  from  on  or  about  3
September 1969 to on or about 19 February 1970.   On  18 March  1970,  after
consulting with  legal  counsel,  the  applicant  submitted  a  request  for
discharge for the good of the service.

The base legal office reviewed the request for discharge  for  the  good  of
the service and found it legally sufficient  and  recommended  applicant  be
discharged with an  under  other  than  honorable  conditions  (undesirable)
discharge.

The discharge authority approved the applicant’s request for  discharge  for
the good of the service and directed that applicant be  discharged  with  an
undesirable discharge.

He was separated on 11  May  1970,  under  the  provisions  of    AFM 39-12,
Separation  for  Unsuitability,  Misconduct,  Resignation,  or  Request  for
Discharge for the Good of the Service and Procedures for the  Rehabilitation
Program (request for discharge for the good of the service), with  an  under
other than honorable  conditions  (undesirable)  discharge.   The  applicant
served one year and one day on active duty.

On 9 June 1971, the applicant submitted an  application  to  the  Air  Force
Discharge Review Board (AFDRB) requesting his  under  other  than  honorable
conditions discharge be upgraded  to  an  honorable  discharge.   The  AFDRB
reviewed and considered all facts of record and concluded that a  change  in
the type or nature or the discharge was not warranted.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 27 February 2004, that  on  the  basis  of  the
data furnished they were unable to locate an  arrest  record  subsequent  to
the applicant’s discharge.  (Exhibit F)

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states based on  the  documentation  on
file in the master personnel records the discharge was consistent  with  the
procedural and substantive requirements of the  discharge  regulation.   The
discharge was within the discretion of the discharge authority.

According to DPPRS  the  applicant  did  not  submit  any  new  evidence  or
identify  any  errors  or  injustices  that  occurred   in   the   discharge
processing.  He provided no facts warranting a change to  his  character  of
service.

The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he left the base on a 72-hour pass, but  was  not  able
to get a bus to return prior to the pass expiring.   He  notified  the  base
barracks security, who should have logged his call in.  He received no  help
from his family or the base to help him return.   He  believes  his  service
was honorable.

The applicant’s complete response is at Exhibit E.

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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 an error or injustice.   After  careful  consideration  of  the
available evidence, we found no indication that the actions taken to  effect
his discharge were improper or contrary to the provisions of  the  governing
regulations in effect at the time, or that the  actions  taken  against  the
applicant were based on factors other than his own  misconduct.   Therefore,
we agree with the opinion and recommendation of  the  Air  Force  office  of
primary responsibility  and  adopt  its  rationale  as  the  basis  for  our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.  Therefore, in the absence of evidence to the contrary,  we  find
no compelling  basis  to  recommend  granting  the  relief  sought  in  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 this application in  Executive
Session on 17 May 2006, under the provisions of AFI 36-2603:

                       Mr. Michael J. Maglio, Panel Chair
                       Mr. Grover L. Dunn, Member
                       Ms. Debra Walker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Aug 05, w/atch.
    Exhibit B.  Applicant’s Military Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 3 Mar 06.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Mar 06.




    Exhibit E.  Letter, Applicant, dated 28 Mar 06.
    Exhibit D.  FBI Response, dated 5 May 06.




                                             MICHAEL J. MAGLIO
                                             Panel Chair