RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02641
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  4 MARCH 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded.

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APPLICANT CONTENDS THAT:

He was an officer in the Air Force and his DD Form  214  reflects  he
was an airman basic (AB). He further states his undesirable discharge
is wrong and he would like this corrected in  order  to  be  able  to
receive medical help from the Veterans Administration (VA).

In support of his appeal, applicant submitted a copy of his  DD  Form
214,  Certificate  of  Release  or  Discharge  from  Active  Duty,  a
statement, DD Form 4s, Enlistment Record Armed Forces of  the  United
States, Air Force Form 7, Airman Military Record and various  medical
documents.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserves (AFRes)  on  1 September
1967 as an AB for a period of six years.  The applicant was honorably
discharged from the AFRes on 17 December 1967  and  enlisted  in  the
Regular Air Force (RegAF) on 18 December 1967 in the grade of AB  for
a period of four years.

The applicant’s commander notified him that he  was  recommending  him
for discharge from the Air Force for frequent involvement in incidents
of discreditable nature  with  civil  or  military  authorities.   The
specific reasons for the discharge action were:

      a.    On 24 July 1968, the applicant received an Article 15  for
failure to go at the time prescribed to his appointed place of duty.

      b.    On 30 July 1968, the applicant received an Article 15  for
dereliction in the performance of his duties in  that  he  negligently
failed to maintain his quarters in inspection order.

      c.    On 20 September 1968, the applicant received an Article 15
for breaking restriction, having been duly restricted to the limits of
Lowry AFB, CO.

      d.    On 27 September 1968, the applicant received an Article 15
for failure to go at the time prescribed to  his  appointed  place  of
duty.

      e.    On 8 November 1968, the applicant received an  Article  15
for being absent without leave (AWOL) from 8 October 1968  through  27
October 1968.

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 commander indicated in his recommendation for discharge that  the
applicant had been counseled numerous times with negative results.  A
psychiatric statement, dated 31 July 1968 states  this  21  year  old
airman is getting into trouble  because  he  attempts  to  get  other
people to find solutions for him and to be responsible for  him.   He
tends to act in a rather helpless way and then expects  other  people
to take his responsibility for him.  IMPRESSION:  Adjustment reaction
of  late  adolescence  with  prominent  passive-aggressive  character
traits.

On 11 December  1968,  the  applicant  acknowledged  receipt  of  the
notification of discharge and after  consulting  with  legal  counsel
waived his to a hearing before an administrative discharge board  and
right to submit statements in his own behalf.

On 12 December 1968, a legal review was conducted in which the  staff
judge advocate  recommended  the  applicant  receive  an  undesirable
discharge.

The discharge authority approved  the  separation  and  directed  the
applicant be discharged with an under other than honorable conditions
(undesirable) discharge.

Applicant was separated from the Air Force on 24 December 1968  under
the provisions of  Air  Force  Manual  (AFM)  39-12,  Separation  for
Unsuitability, Misconduct, Resignation, or Request for Discharge  for
the Good of he Service and Procedures for the Rehabilitation  Program
(unfitness – frequent involvement in  incidents  of  a  discreditable
nature with civil or military authorities), with an under other  than
honorable conditions (undesirable) discharge.  He was  credited  with
11 months and 5 days of active duty service.  He had 32 days of  lost
time.

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 denial.  DPPRS states the  applicant  served  on
active duty as an enlisted member for  11  months  and  5  days.   His
records reflect while on active duty  he  was  assigned  to  Lackland,
Sheppard and Lowry AFBs. They further state based on the documentation
on file in the master personnel records, the discharge was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation. The discharge was within the discretion of  the  discharge
authority.  The applicant did not submit any evidence or identify  any
errors or injustices that occurred in the  discharge  processing.   He
provided no facts warranting a change in his character of service.

AFPC/DPPRS complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

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

A copy of the FBI Investigation was forwarded to the  applicant  on  6
December 2006 for review and comment within 14 days.  As of this date,
this office has received no response (Exhibit G).

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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 an error or an injustice.   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    and    the
characterization of the discharge were appropriate and accomplished in
accordance with Air Force policy.  We have considered the  applicant’s
overall quality of service; however, in view of his  misconduct  while
he was on active duty and  the  apparent  continued  misconduct  after
leaving active duty, we do not believe that  a  discharge  upgrade  is
warranted.  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-
2006-02641  in  Executive  Session  on  11  January  2007  under   the
provisions of AFI 36-2603:

                       Mr. Laurence M. Groner, Panel Chair
                       Mr. Todd L. Schaffer, Member
                       Ms. Maureen B. Higgins, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Aug 06, w/atch.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 6 Nov 06.
   Exhibit E.  Letter, SAF/MRBR, dated 17 Nov 06.
   Exhibit F.  Letter, SAF/MRBC, dated 6 Dec 06, w/atch.




                                        LAURENCE M. GRONER
                                        Panel Chair