RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02231
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 JANUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His summary court-martial conviction was supposed to be vacated  after
30 days.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

There is no documentation in the applicant’s master personnel  records
(MPR) relating to the  reason  for  his  discharge  or  the  discharge
process.

The applicant enlisted in the Regular Air Force (RegAF) as  an  airman
basic (AB) on 15 March 1963 for  a  period  of  four  years.   He  was
honorably released from active duty on 14 March 1967  and  transferred
into the Air Force Reserves (AFRes).  He was discharged from the AFRES
on 17 July 1967 and enlisted in the RegAF on 18 July 1967.

The following facts are documented in the applicant’s MPR:

            a.    On 7 December 1967, the applicant received Permanent
Change of Station  (PCS) Orders (AG-120) reassigning him from  Chanute
AFB to San Francisco, with training in route  to  attend  a  technical
training course at Eglin AFB, Florida.

            b.    On 6 February 1968, the applicant  was  reported  as
being absent without leave (AWOL) by the 4420 Combat Support Group.

            c.    On 7 March 1968, Special  Order  AG-362  was  issued
rescinding Special Order AG-120.

            d.    On 15 March 1968, a message was  sent  out  dropping
the applicant from the rolls as a deserter.

            e.    On 18 March 1968,  the  14th  Combat  Support  Group
notified Chanute AFB that the applicant arrived at  their  station  on
1 March 1968 and was present for duty.

            f.    On 2 April 1968, action was  taken  to  rescind  all
actions pertaining to the applicant being AWOL and  dropped  from  the
rolls.

            g.    On 5 April 1968, summary court-martial charges  were
preferred against he applicant for:

                  1)  On  or  about  25  March  1968,  without  proper
authority, the applicant left his appointed place of duty.

                  2)  On  or  about  26  March  1968,  without  proper
authority, the applicant left his appointed place of duty.

The applicant was found guilty and sentenced to  a  reduction  to  the
grade of airman basic, restriction to the limits of the  base  for  30
days and to perform extra duty for 30 days.  The sentence was approved
and suspended until 25  February  1969,  at  which  time,  unless  the
suspension is sooner vacated, the sentence would be  remitted  without
further action.

            h.    On 22 April  1968,  upon  completion  of  the  above
personnel actions, the matter was referred to the applicant’s squadron
commander for judicial action.

The applicant was separated from the Air Force on 14 August 1968 under
the provisions of Air Force Manual (AFM) 39-12 (request for  discharge
for the good of the  service,  with  an  under  other  than  honorable
conditions (undesirable) discharge.  The applicant had five years  and
five months of active duty service.

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS based on  the  limited  documentation  in  the  applicant’s
master personnel records defers to  the  Board  to  determine  if  the
requested relief should be granted.  AFPC/DPPRS  further  states  they
are unable to determine the propriety of the discharge  based  on  the
lack of documentation in the applicant’s  records.   Furthermore,  the
applicant did not submit any evidence  or  identified  any  errors  or
injustices that occurred in the discharge process (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

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

_________________________________________________________________

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 an error or an injustice warranting an upgrade of the
applicant’s discharge.  No evidence has  been  presented  which  would
lead the Board to believe the applicant’s discharge  was  improper  or
contrary to the directive under which it was effected.   Nevertheless,
after 38 years, and in view of the negative FBI report and the limited
documentation regarding the circumstances of his discharge, we are  of
the opinion that upgrading the applicant’s discharge to general (under
honorable  conditions),  would  be  appropriate.   In  view  of  these
circumstances, we believe any doubt should be resolved in favor of the
applicant.  Therefore, we recommend the service  member’s  records  be
correct to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 14 August 1968,  he
was discharged  with  the  service  characterized  as  general  (under
honorable conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2006-02231  in  Executive  Session  on  29  November  2006  under  the
provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Richard K. Hartley, Member

All  members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 18 Jul 06.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 15 Sep 06.
   Exhibit E.  Letters, SAF/MRBR, dated 13 Oct 06.




                                        MICHAEL K. GALLOGLY
                                        Panel Chair





AFBCMR BC-2006-02231
INDEX CODE:  110.00


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  14  August
1968, he was discharged  with  the  service  characterized  as  general
(under honorable conditions).




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency