RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03785
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  16 JUNE 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His records of commendation were not taken into account at the time  of  his
discharge.  He was mentally  immature  while  in  service  and  has  endured
physical and mental disabilities during the past 25 years.  He is  presently
being seen by VA doctors and his mental status as a young  airman  is  being
considered.  He suffers from depression and is bound to a wheelchair.   Upon
his death, he would like to pass a clean service record on  to  his  family.
He loved being in the Air Force but did not appreciate it at the time.

He presently has no supporting documentation.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 10 Aug 71, the applicant enlisted in the Regular Air Force at the age  of
18 in the grade of airman basic (E-1) for a period of four  years.   He  was
progressively promoted to the grade of airman first  class  (E-3)  effective
and with a date of rank of 1 May 72.

On 2 Mar 73,  applicant’s  squadron  commander  notified  him  that  he  was
recommending his discharge from the Air Force under the  provisions  of  AFM
39-12, Chapter 2, section A, para 2-4c,  dated  18  May  72.   The  specific
reason for this action was the applicant’s apathy, defective  attitude,  and
inability to expend effort constructively as evidenced by:

      a.  Failing to report to Security Police Training on 28  Mar  72.   He
received a Letter of Reprimand (LOR) for this offense.

      b.  Failing to weigh-in for the overweight program on 21 Jun  72.   He
received an LOR for this offense on 10 Jul 72.

      c.  Damaging the latrine door in his barracks room on 28 Jul  72.   He
received an LOR for this offense.

      d.  Failing to  meet  the  minimum  requirements  for  the  overweight
program.   On 1 Aug 72, he received an LOR for this offense.

      e.  On 22 Nov 72, he received a Letter of Indebtedness in  the  amount
of $215.96 for telephone bills left unpaid since Aug 72.

      f.  On 31 Jan 73 and 2 Feb 73, respectively,  Article  15  action  was
imposed upon him for being derelict in the performance of  his  duties  when
he  negligently  failed  to  maintain  his  dorm  room  in  compliance  with
established standards.

The applicant acknowledged receipt of the  notification  on  9  Mar  73  and
waived his right to submit a rebuttal or statement on his own behalf.  In  a
legal review of the case file, the  staff  judge  advocate  found  the  case
legally sufficient and recommended that he be discharged without  the  offer
of probation or rehabilitation.  On  22  Mar  73,  the  discharge  authority
concurred with the recommendations and directed that he be issued a  General
Discharge Certificate.  The applicant was discharged on 29 Mar 73.   He  had
served 1 year 7 months and 20 days on active duty service.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia,  provided  a  copy  of  an  investigative  report
pertaining to  the  former  member  (Identification  Record  No.  151964M11)
(Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in  the  applicant’s  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.  Additionally, the applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing, and he provided no facts warranting an upgrade of  his
discharge.

The complete DPPRS evaluation is at Exhibit C.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days on 5  Jan  07.   On  26  Jan  07,  he  was
invited to comment on the findings of the FBI  report.   As  of  this  date,
this office has received no response (Exhibit D).

Examiner’s Note:  On 28 Feb 07, the applicant’s FBI report was  returned  to
this office marked “RTN TO SENDER/UNDELIVERABLE  AS  ADDRESSED.”   To  date,
the applicant has not submitted a new address to 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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   After  careful  consideration  of  the
applicant’s request, we see no evidence that would  warrant  an  upgrade  of
his discharge to honorable.  Other than his own  assertions,  the  applicant
has provided no evidence that would lead us to believe the actions taken  to
effect  his  discharge  were  improper,  or  that  the  information  in  his
discharge case file is erroneous.  In addition, in view of  the  applicant’s
apparent involvement with civilian law enforcement since his separation  and
absent other evidence by  the  applicant  attesting  to  a  successful  post
service adjustment, we are not inclined to favorably  consider  his  request
based on clemency.  Therefore, we find no basis to warrant favorable  action
on 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 this application in  Executive
Session on 7 March 2007, under the provisions of AFI 36-2603:

           Ms. Cathlynn B. Novel, Panel Chair
           Ms. Dee Reardon, Member
           Mr. Jeffrey R. Shelton, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2006-03785:

     Exhibit A.  DD Form 149, dated 8 Dec 06.
     Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Report.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 19 Dec 06.
     Exhibit E.  Letter, SAF/MRBR, dated 5 Jan 07; AFBCMR
      dated 26 Jan 07.




                                  CATHLYNN B. NOVEL
                                  Panel Chair