RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02771

      XXXXXXX                                COUNSEL: NO

                                        HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  28 MARCH 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable (other than honorable condition) discharge be upgraded
to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told by his commanding officer and base commander that  he  was
receiving an AFR 39-16 undesirable discharge  due  to  a  civil  court
action. However, this discharge could be changed to honorable  in  six
months.

In support of his application, applicant provided copies  of  DD  Form
214 Armed Forces of the United States Report of Transfer or Discharge,
DD Form 215, Correction to DD Form 214, Armed  Forces  of  the  United
States Report of Transfer or Discharge, a personal letter and a letter
from his daughter.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as  an  airman  on  17
January 1961.

On 14 May  1964,  he  was  notified  by  his  commander  that  he  was
recommending him for a discharge under the provisions of       AFR 39-
22,  Discharge  of  Airmen  for  Misconduct  Because  of  Civil  Court
Disposition (convicted by  civil  court).  The  commander  recommended
applicant  receive  an  undesirable  (under   other   than   honorable
conditions) discharge based on being convicted by the Harrison  County
Circuit Court, Harrison County, Mississippi for forgery. Additionally,
applicant had the following derogatory  information  on  file  in  the
master personnel record:

      (1) On 28 May 1962, applicant received an Article 15  for  being
found guilty of hit and run by the Biloxi Police.

       (2)  On  25  March  1963,  applicant  received  a   Letter   of
Indebtedness.

      (3) On 16 May 1963, applicant received a Letter of Indebtedness.

      (4) On 22 May 1963, applicant received a Letter of Indebtedness.

      (5) On 31 May 1963, applicant received a traffic ticket  for  no
drivers' license and unregistered vehicle on base.

      (6) On 10 June 1963, applicant was arrested by Biloxi Police for
possession of stolen property. He was found guilty and  the  case  was
dismissed.

      (7) On 5 July 1963, applicant  received  a  traffic  ticket  for
unregistered vehicle, driving without a license and failure to stop at
a stop sign. He received an Article 15.

      (8) On 15 August 1963, Incident  Report  charged  the  applicant
with operating an unregistered vehicle and  unauthorized  registration
of a vehicle. Additionally, applicant was charged  with  stealing  the
license plates from a vehicle. He was found guilty and was  admonished
by the squadron commander.

      (9) On 31 July 1963 to  27  February  1964,  applicant  received
eight (8) Letters of Indebtedness.

      (10) On 27 February 1964, applicant  was  arrested  and  charged
with cashing a worthless check. The  charge  of  writing  a  worthless
check was changed to three (3) counts of  forgery.  Applicant  pleaded
guilty to the three (3) counts of forgery.

      (11) On 17 March 1964, applicant received a traffic  ticket  for
driving an unregistered vehicle on base without a license.

      (12) On 17 March 1964, applicant received a citation  for  being
off-base improperly dressed.

       (13)  On  18  March  1964,  applicant  received  a  Letter   of
Indebtedness.

      (14) On 25 March 1964, applicant received a traffic  ticket  for
driving an unregistered vehicle on base.

       (15)  On  26  March  1964,  applicant  received  a  Letter   of
Indebtedness.

      (16) On 27 March 1964, applicant received  two  (2)  Letters  of
Indebtedness.

      (17) On 3 April 1964, applicant failed to obey a lawful order.

The applicant acknowledged receipt of the  notification  of  discharge
and after  being  fully  counseled  and  advised  of  his  rights  and
privileges under the provisions of AFR 39-22, waived his rights  to  a
hearing before a board of officers and to submit statements in his own
behalf. The discharge authority approved the  discharge  and  directed
the applicant be discharged with  an  undesirable  (under  other  than
honorable conditions) discharge.

In  response  to  the  Board's  request,   the   Federal   Bureau   of
Investigations (FBI) provided a copy of an investigative report.  (see
Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated, based on  the  documentation
in the file, they  believe  the  discharge  was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
Applicant did not submit any new evidence or identify  any  errors  or
injustices that occurred in the discharge proceedings.

AFPC/DPPRS complete evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and stated please have a  heart.
I  was  discharged  for  having  letters  of  indebtness  and  traffic
violations. Does this truly rank 42 years of  punishment?  All  he  is
asking for is what he was promised behind the closed door  hearing--it
could be changed in six months. That is why he agreed  to  accept  the
discharge in the first place. It seems now like it was all  a  lot  of
lies told to get him to waiver some of his rights.

Applicant's complete response is at Exhibit G.

_________________________________________________________________

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 a  thorough  review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded  that  his  discharge  should  be  upgraded.   We  find   no
impropriety in the characterization of the applicant's discharge.   It
appears that responsible officials applied  appropriate  standards  in
effecting the separation, and we do 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.
We conclude, therefore, that the discharge proceedings were proper and
characterization of the discharge  was  appropriate  to  the  existing
circumstances.  The  Board  is  of  the  opinion  that  the  documents
submitted by the applicant do not provide any new evidence or identify
any errors or injustices that occurred in  the  discharge  processing.
In the absence of such evidence, favorable action is not recommended.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number    BC-2006-
02771 in Executive Session on 7 December 2006, under the provisions of
AFI 36-2603:

                 Ms. B.J. White-Olson, Panel Chair
                 Ms. Debra L Walker, Member
                 Mr. Todd L. Schafer, Member

The following documentary evidence pertaining to Docket Number BC-2006-
02771 was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report, dated 4 Oct 06.
      Exhibit D.  AFPC/DPPRS, dated 27 Sep 06.
      Exhibit E.  Letter, SAF/MRBR, dated 6 Oct 06.
      Exhibit F.  Letter, AFBCMR, dated 13 Nov 06.
      Exhibit G.  Applicant’s Response, undated, w/atchs.




                                             BJ WHITE-OLSON
                                             Panel Chair