RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00620
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE: 1 AUG 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions  (general)  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After 15 years of military  service  he  would  like  his  discharge
upgraded so he can receive medical benefits.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 10 January 1952, the applicant enlisted in the Regular Air  Force
(RegAF) for a period of four years.

On 28 September 1966, the applicant was notified of his  commander’s
intent to recommend him for discharge under the  provisions  of  Air
Force Regulation (AFR) 39-17 for unfitness.

The  commander  stated  the  following  reasons  for  the   proposed
discharge:

      a.    On 10 February 1964,  the  applicant  was  arrested  for
unlawfully striking Mrs. J. D. B. with a piece of broken  glass  and
causing grievous bodily  harm.   For  this  offense  his  punishment
consisted of a conviction by a special court-martial and  forfeiture
of $103.00 for six months.

      b.    On 16 November 1965,  the  applicant  was  charged  with
reckless driving.  For this offense his punishment  consisted  of  a
verbal reprimand, counseling on traffic safety, five traffic  points
and enrollment in the USAF Drivers Improvement Course.

      c.    On 2 July  1966,  the  applicant  was  found  guilty  of
disobeying a lawful order and  wrongfully  appropriating  Air  Force
property.  For this offense he was tried and found guilty by Summary
Court-Martial on  both  charges.   His  punishment  consisted  of  a
reduction to airman basic (AB) and forfeiture of $25.00.

      d.    On  or  about  18  September  1966,  the  applicant  was
arrested for unlawfully striking Mrs. J. D. B. with his  fist.   For
this misconduct his  punishment  consisted  of  an  Article  15  and
confinement for 30 days.

The commander advised  applicant  that  military  counsel  had  been
obtained to assist  him;  present  his  case  to  an  administrative
discharge board; be represented by legal counsel at a board hearing;
submit statements in his own behalf in addition to, or in  lieu  of,
the board hearing; or waive the above rights after  consulting  with
counsel.

The applicant after consulting with  counsel  waived  his  right  to
submit a statement and administrative discharge board.

On 4 October 1966, a legal review was conducted in which  the  staff
judge advocate recommended the applicant be separated from  the  Air
Force with an under honorable conditions (general) discharge.

On 11 October 1966, the discharge authority directed  the  applicant
be  discharged  with  an  under   honorable   conditions   (general)
discharge.

Applicant was discharged on 26 October 1966, in the grade of  airman
basic with an under honorable  conditions  (general)  discharge,  in
accordance  with  AFR  39-17  (Discharge  of   Airman   Because   of
Unfitness).  He served a total of 14 years, 9 months and 18 days  of
active service.

Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is  attached
at Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the applicant’s requested  relief  be  denied.
DPPRS states the  applicant  has  not  submitted  any  evidence  nor
identified any errors or injustices that occurred in the  processing
of his discharge.  Based upon the documentation in  the  applicant’s
file, they believe his discharge was consistent with the  procedural
and substantive requirements of the discharge  regulations  of  that
time.  Also, the discharge was within the sound  discretion  of  the
discharge authority.  The applicant did not  provide  any  facts  to
warrant an upgrade of his discharge.
Based on the information and evidence provided  they  recommend  the
request be denied.

A copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on
24 March 2006, for  review  and  response.   As  of  this  date,  no
response has been received by this office.

On 5 April 2006, the Board staff  requested  the  applicant  provide
documentation  regarding  his  activities  since  leaving   military
service (Exhibit F).

On 21 April 2006, the Board staff forwarded the applicant  a  copy  of
FBI report for review and response.  As of this date, no response  has
been received by this office (Exhibit G).

The  applicant  in  response   to   the   request   for   post-service
documentation submitted character  letters  from  family  and  friends
(Exhibit H).

_________________________________________________________________

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  an  injustice  to  warrant
upgrading  the  applicant’s  discharge.   We  took  notice  of   the
applicant's complete submission in judging the merits of  the  case;
however, we agree with the opinion and  recommendation  of  the  Air
Force and adopt its rationale as the basis for our decision that the
applicant has failed to sustain his  burden  that  he  has  suffered
either an error or an injustice.  Based on the documentation in  the
applicant's records, it appears the processing of the discharge  and
the  characterization  of  the  discharge   were   appropriate   and
accomplished in accordance with Air Force  policy.   The  Board  has
considered the applicant’s overall quality of service and in view of
the instances of misconduct during the time he was on  active  duty,
does not believe  clemency  is  warranted.   The  Board  notes  that
according  to  the  FBI  Report,  the  misconduct  appears  to  have
continued for a period of time after the applicant  was  discharged.
Therefore, in the absence of
evidence to the contrary, we find no compelling basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

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 AFBCMR  Docket  Number
BC-2006-00620  in  Executive  Session  on  24  May  2006  under  the
provisions of AFI 36-2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Reginald P. Howard, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Feb 06, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 16 Mar 06.
   Exhibit E.  Letter, SAF/MRBR, dated 24 Mar 06.
   Exhibit F.  Letter, AFBCMR, dated 5 Apr 06, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 21 Apr 06, w/atch.
   Exhibit H.  Letter, Applicant, undated, w/atchs.




                                        MICHAEL J. NOVEL
                                        Panel Chair