RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-03075
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE

                                   HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 9 APRIL 2008

______________________________________________________________

APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was inequitable because it was based on an isolated incident.
 Applicant states he was involved in a fight with another airman  in  1954.
After this incident he  apologized  and  assumed  the  incident  was  over;
however,  his  supervisor  at  the  time  filed  charges  against  him  and
subsequently had him discharged.  The applicant  indicates  his  supervisor
led him to believe his discharge would not affect his record  or  remaining
pay owed for his un-used leave.  In  addition,  he  states  his  supervisor
indicated his discharge would be automatically reversed to a general or  an
honorable discharge after six  months.  He  believes  he  would  have  been
discharged  under  honorable  conditions  if  he  had  worked  for  another
supervisor.

His complete submission is at Exhibit A.

________________________________________________________________


STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 19 May 1954 in the  grade  of  airman
basic.  On 18 September 1957, he was notified by his commander that  he  was
recommending he be discharged from the Air Force  under  the  provisions  of
AFR 39-17, Enlisted Personnel Discharge, Unfitness.    The  specific  reason
for this action was on 4 October 1955, he received an Article 15  for  being
disrespectful to a non-commissioned officer (NCO); on 16 November  1955,  he
received an Article 15 for assault and battery; on 17 January 1956,  he  was
convicted by a Special Court-Martial for assault and battery;  on  6  August
1956, he was convicted by a Summary Court-Martial for  being  disorderly  on
station; on 23 July,  he  was  convicted  by  a  Summary  court-martial  for
assault and battery; on 23 July 1957, he was convicted in  civil  court  for
petty larceny; and on 28 August 1957, he received an Article 15 for  failure
to repair.  He was advised of his rights in this  matter.   On  16  November
1955,  he  acknowledged  receipt  of  the  notification   and   waived   his
entitlement to an impartial hearing and  understood  if  his  discharge  was
approved he may receive an under other than honorable conditions  discharge.
 The  discharge  authority  approved  the  separation  and  directed  he  be
discharged with an  under  other  than  honorable  conditions  (undesirable)
discharge.  On 1 November 1957, he was discharged from  the  Air  Force  for
misconduct in the grade of airman basic.  He served 3 years,  3  months  and
15 days on active duty.

Pursuant to the Board’s  request,  the  Federal  Bureau  of  Investigation,
Washington,  DC.,  provided  an  investigation  report  pertaining  to  the
applicant for review and response within 14 days and to  date  no  response
has been received. (Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states  that  the  discharge   was
consistent  with  the  procedural  and  substantive  requirements  of   the
discharge regulation.  In addition, the  discharge  was  within  the  sound
discretion of the discharge authority.  He did not submit any new  evidence
or identify any  errors  or  injustices  that  occurred  in  his  discharge
processing.  The applicant did not provide any facts warranting a change to
his under other than honorable conditions (undesirable) discharge.

The complete DPPRS evaluation is at 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 comment within 30 days.  As of this date,  this
office has received no response (Exhibit D).

______________________________________________________________

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  affect
his discharge and characterization of his service  were  improper,  contrary
to the provisions of the governing regulations in effect  at  the  time,  or
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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues  involved.  Therefore,  the  request  for  a
hearing is not favorably considered.

________________________________________________________________

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-
03075 in Executive Session on 10 January 2007, under the provisions  of  AFI
36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 October 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report, dated 30 October 2006.
      Exhibit D.  Letter, AFPC/DPPRS, dated 20 October 2006.
    Exhibit E.  Letter, SAF/MRBR, dated 3 November 2006.




                                   JAMES W. RUSSELL III
                                             Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary


AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

 XXXXXXX
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XXXXXXX

      Reference your application, AFBCMR BC-2006-03075 submitted under the
provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of material error or injustice.  Accordingly, the Board
denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence, a
further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





                                                       GREGORY E.
JOHNSON
                                                             Chief
Examiner
                                                 Air Force Board
for Correction
                                                       of Military
Records

Attachment:
Record of Board Proceedings