RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03944
      INDEX CODE:  110.00
      COUNSEL: NONE

      HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  30 JUNE 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

His only sibling, his brother, was killed.  His mother  was  hysterical  and
alone.  He asked to be stationed closer to Washington D.C. but  was  instead
sent to California.  His behavior was due to his grieving mother, her  state
of mind and the duress he was under at the time  because  of  his  brother’s
death.  He believes the upgrade would be justified.

In support of his application, the applicant submits a copy of his  DD  214.
The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 26 Apr 51, the applicant enlisted in the regular Air Force in  the  grade
of airman basic (E-1), at the age of 20, for a period of four years.

The applicant received Article 15 action for the following offenses  and  on
the dates indicated:

      (1)  Failure to repair on 9 Sep 53
      (2)  Disrespect toward an NCO on 14 Sep 3
      (3)  Failure to repair on 22 May 54

He received two summary Courts-Martial convictions for failure to repair.

On 21 Apr 54, the Chief, Outpatient Services, certified that  the  applicant
had no mental or physical defects warranting action.  He further stated  the
applicant exhibited  no  evidence  of  delusions,  hallucinations  or  other
psychotic manifestation and, in his opinion, was able to  distinguish  right
from wrong and adhere to the right.  He then recommended that the  applicant
be discharged in view of his defective attitude.

In his report dated 4 Jun 54,  the  applicant’s  commander  recommended  his
discharge from service for being unfit.  The  applicant  received  character
and efficiency  ratings  of  poor  and  unsatisfactory,  respectively.   The
report was forwarded  to  the  group  commander  for  approval.   The  group
commander approved the recommendation and the applicant was notified.

On 25 Aug  54,  the  applicant  acknowledged  receipt  of  notification  and
acknowledged his right to consult counsel.  He  waived  his  entitlement  to
appear before the board and requested discharge  without  benefit  of  board
proceedings.  On 13 Sep 54, the wing commander recommended  the  applicant’s
request for discharge be accepted and he be separated  with  an  undesirable
discharge.

On  24  Sep  54,  the  applicant  was   discharged   with   an   undesirable
characterization of service.  He had served three years and five  months  on
active duty.

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.   677883B)
(Exhibit C).

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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
undesirable discharge.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 26  Jan
07 for review and comment within 30 days.  In addition, a copy  of  the  FBI
report was forwarded to the applicant on 2 Feb 07  for  review  and  comment
within 14 days. As of this date, this office has  received  no  response  to
any of the aforementioned correspondence.

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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  error  or  injustice.   We  find  no   impropriety   in   the
characterization of 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 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.  In addition, in view of  the  applicant’s  apparent
involvement with civilian law enforcement since his  separation  and  absent
any 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.

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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 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-2006-03944:

     Exhibit A.  DD Form 149, dated 15 Dec 06 w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Report.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 10 Jan 07; AFBCMR
      dated 2 Feb 07.
     Exhibit E.  Letter, SAF/MRBR, dated 26 Jan 07




                                  CATHLYNN B. NOVEL
                                  Panel Chair