RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-00232
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE

                                   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 28 JUL 08

______________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable under other than  honorable  conditions  (UOTHC)  discharge
(UOTHC) be upgraded.

________________________________________________________________

APPLICANT CONTENDS THAT:

To discharge him UOTHC for a racially motivated fight was unfair and unjust
punishment. He does not believe he should be punished for his  entire  life
for a single event.

In support of his request, the applicant submits a copy of his DD Form 214,
Report of Separation from Active Duty.

His complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 May 72.  On 27 Aug 74, he
was notified by his commander that he was  recommending  he  be  discharged
from the Air Force under  the  provisions  of  AFR  39-12,  Separation  for
Unsuitability. Misconduct, Resignation, or Request for  Discharge  for  the
Good  of  the  Service  and  Procedures  for  the  Rehabilitation   Program
(involuntary  discharged   –   unfitness-   frequent   involvement   of   a
discreditable nature), with an undesirable discharge.  The specific reasons
for this action were on 24 Sep 73, he received an Article 15 for disobeying
a lawful order; on 20 Sep 73, he was disorderly on station; on or about  20
Sep 73, he was disrespectful in language toward a noncommissioned  officer;
on 10 Dec 73, he received an Article 15 for  failure  to  go  at  the  time
prescribed to his appointed place of duty; on or about 19 Nov  73,  without
authority, he failed to go at the time prescribed to his appointed place of
duty; on 21 Nov 73, without authority left his appointed place of duty;  on
or about 30 Nov 73, he failed to obey  a lawful order; on  14  Dec  73,  he
received an Article 15 for willingly  disobeying  a  lawful  order  from  a
commissioned officer; on 6 Feb 74, he received a vacated suspension because
he failed to go at the time prescribed to his appointed place of duty; on 7
May 74, he was convicted by a special  court  martial  for  assaulting  his
superior noncommissioned officer who was  then  in  the  execution  of  his
office; on or about 14 Feb 74, he unlawfully struck another person  in  the
face with his hands, by pushing him to the ground, striking him in the head
with his fists and kicking him in the legs with his foot.  He  acknowledged
receipt of the notification of discharge and consulted counsel  but  waived
his right to a hearing before an  administrative  discharge  board  and  to
submit statements on his own behalf.  In a legal review of  his  case,  the
base legal office found it legally sufficient  to  support  separation  and
recommended he be discharged with an undesirable discharge.  Applicant  was
discharged in  the  grade  of  airman  basic  on 25  Sep  74  with  service
characterized as undesirable. He served a total of two years, one month and
five 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.  A copy of the  report  was  provided  to  the
applicant for review and response within 30  days.   As  of  this  date  no
response has been received. (Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states 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 complete DPPRS evaluation is attached at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicants states he was suffering from lower-back pains in 1973 and  1974,
consequently, this condition led to him receiving  numerous  Article  15's.
He believes his discharge was racially  motivated.   In  addition,  he  was
diagnosed as having 'Passive-Aggressive Personality Disorder  with  a  Mal-
Adaptive Attitude. Basically, he could not adapt  to  military  life.  This
injustice led him to drugs and alcohol; consequently,  his  life  became  a
disaster and he became involved in multiple crimes. However, since  20  Nov
95, he has refrained from alcohol and drugs and has  become  a  born  again
Christian.

The complete response is at Exhibit E.

________________________________________________________________

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, the Board found  no  indication  the  actions  taken  to
affect his discharge and characterization of his service  were  improper  or
contrary to the provisions of the governing regulations  in  effect  at  the
time, or based on factors other than his  own  misconduct.   Therefore,  the
Board agrees with the opinion and recommendation of the Air Force office  of
primary responsibility and adopt  its  rationale  as  the  basis  for  their
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.

________________________________________________________________

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-2007-
00232 in Executive Session on 25 April 07, under the provisions of  AFI  36-
2603:

                 Ms. Charlene M. Bradley, Panel Chair
            Mr.  Wallace F. Beard Jr., Member
            Ms. Karen A. Holloman, Member

The following documentary evidence pertaining to AFBCMR Docket  Number  BC-
2007-00232 was considered:

      Exhibit A.  DD Form 149, dated 22 Jan 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Report, dated 29 Mar 07.
      Exhibit D.  Letter, AFPC/DPPRS, dated 6 Mar 07.
      Exhibit E.  Letter, SAF/MRBR, dated 16 Mar 07.




                                   CHARLENE M. BRADLEY
                                   Panel Chair