RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00655
      INDEX CODE:  110.02
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  3 JUNE 2007

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He did a number of foolish things when he was younger, and he has  regretted
them for years.  He could have gone back to the states  after  his  tour  in
Japan and possibly been  given  an  early  out  to  attend  school,  but  he
extended 18 months to go to  Germany.   He  is  grateful  for  his  time  in
service because it helped him to grow up.  He is not proud of  his  youthful
indiscretions and would like his grandchildren  to  know  he’s  changed  his
life for the better.

In support  of  his  application,  the  applicant  submits  a  copy  of  his
separation document.  His  complete  submission,  with  attachments,  is  at
Exhibit A.

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STATEMENT OF FACTS:

On 27 July 1964, the applicant enlisted in the Regular Air Force at the  age
of 19 in the grade of airman basic.  He was progressively  promoted  to  the
temporary grade of sergeant effective and with a date of rank of 1  February
1967.

On 2 October 1967, he received an Article 15 for failure to  obey  a  lawful
order.  For this  offense,  he  received  a  suspended  reduction  in  grade
(vacated) and was fined $50.00 for two  months.   On  11 December  1967,  he
received an Article 15 for failure to repair.   For  this  offense,  he  was
fined $30.00 and assigned extra duty for 7 consecutive days.  On 24  January
1968, he received a Letter of Reprimand for failure to repair.

The following is a resume of his Airman’s Performance Reports (APRs):

      PERIOD ENDING    PROMOTION RECOMMENDATION

      26 Jul 65  Recommend for AF Career
      28 Feb 66  Highly recommended for AF Career
      20 Jul 66  Highly recommended for AF Career
      16 Jan 67  Outstanding potential for AF Career
       7 Aug 68  May recommend in future.

On 26 January 1968, the applicant’s  commander  notified  him  that  he  was
recommending his separation from the Air Force under the provisions  of  AFR
39-12 because of unsuitability.  The applicant acknowledged receipt  of  the
notification  and,  after  consulting  his  appointed  evaluation   officer,
submitted a statement in his own behalf.

In his findings dated 14 March  1968,  the  evaluation  officer  stated  the
applicant did desire to remain in military service  but  he  was  unsuitable
for continued  military  service  because  he  exhibited  apathy,  defective
attitudes  and  inability  to  expend  effort   constructively.    He   then
recommended the applicant’s  discharge  from  active  duty  with  a  general
(under honorable conditions) discharge.  He was discharged on 15 April  1968
with 3 years, 8 months and 19 days of active duty service.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished.

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AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  indicates  the  discharge   was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation,  and  was  within  the  discretion  of  the  discharge
authority.   Additionally,  the  applicant  did  not  submit  any  evidence,
identify  any  errors  or  injustices  that  occurred   in   the   discharge
processing, or provide any facts warranting a change  to  his  character  of
service.  HQ AFPC/DPPRS evaluation is at Exhibit C.

HQ AFPC/JA recommends denial of the  applicant’s  request.   JA  states  the
application was not timely filed and should be denied on that  basis  alone.
Timeliness aside, JA declares the applicant’s claim  fails  on  the  merits.
JA points out he must show by a preponderance of the evidence  there  exists
some error or injustice warranting  corrective  action  by  the  Board.   JA
notes the United States Claims Court has repeatedly defined an injustice  in
the context of BCMR cases as “treatment by military authorities that  shocks
the sense of justice.”  JA opines while the applicant may believe  his  work
as a broadcaster and volunteer service  helping  criminals  transition  into
society justifies upgrading the characterization of his  service,  there  is
no legal  basis  to  support  this  argument.   Although  his  post-military
employment history and community service  are  commendable,  this  does  not
overcome his significant misconduct as  an  airman  which  resulted  in  his
administrative  separation  because  of  his  unsuitability  for   continued
military service.  JA concludes there is  no  error  or  injustice  in  this
case—the applicant’s  service  was  properly  characterized  and  accurately
reflects his behavior while on duty (Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  31
March 2006 for review and comment and on 15 May  2006,  he  was  invited  to
submit information pertaining to his post-service  activities  (Exhibit  E).
As of this date, this office has received no response.

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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.   We  find  no   impropriety   in   the
characterization  of  the  applicant’s  discharge.   It  appears  that   the
responsible  officials  applied  appropriate  standards  in  effecting   the
separation,  and  we  did  not  find  persuasive  evidence  that   pertinent
regulations were violated or that the applicant was  not  afforded  all  the
rights to which entitled at the time of discharge.  Although  the  applicant
alleges successful post-service activities over the past 38  years,  he  has
not provided sufficient documentation in support of  his  claim  for  us  to
conclude that his discharge should be upgraded based on clemency.   However,
his submission  of  statements  from  community  leaders  and  acquaintances
attesting to his  good  character  and  reputation  and  other  evidence  of
successful post-service rehabilitation since his separation  may  constitute
grounds for reconsideration by this Board.  We  cannot,  however,  recommend
approval based on the current evidence of record.

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RECOMMENDATION OF THE BOARD:

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  BC-2006-00655  in
Executive Session on 8 June 2006, under the provisions of AFI 36-2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Mr. John B. Hennessey, Panel Member
                 Mr. Todd L. Schafer, Panel Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 27 Feb 06 w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Mar 06.
      Exhibit D.  Letter, HQ AFPC/JA, dated 28 Mar 06.
      Exhibit E.  Letters, SAF/MRBR, dated 31 Mar 06 and AFBCMR
                  Dated 15 May 06.




            WAYNE R. GRACIE
            Panel Chair