RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-00206
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXXXXX                  COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to at least a general discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge characterization is too harsh.  He went home to care  for  his
elderly mother and father, and was only absent-without-leave (AWOL)  for  24
days.

Until recently, he was unaware  what  he  could  do  to  get  his  discharge
characterization changed.

In support of his appeal, he has provided copies of his  DD  Form  214,  and
his DD Form 230, Service Record, with numerous attachments.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for four years  on  15  June
1951, and served as a cook helper until his discharge.   Available  military
records indicate a total of 180 days lost time during  his  enlistment,  and
the following incidents of misconduct and courts-martial convictions:

        a. On or about 1 July 1952, he failed to go to his  appointed  place
           of duty.  On 7 July 1952, a summary court-martial  sentenced  him
           to confinement at hard labor for 15 days.

        b. On or about 30 September 1952, he was drunk and  disorderly.   On
           or about 1 October 1952, he failed to go at the  time  prescribed
           to his appointed place of duty.   After  having  been  placed  in
           arrest in his quarters, he did, on or about 2 October 1952, break
           said  arrest.   On  15  October  1952,  a  special  court-martial
           sentenced him to be confined at hard labor for four  months,  and
           to forfeit $54.00 per month for four months.


        c. On or about 24 June 1953, he was, without proper authority, AWOL,
           and remained AWOL until on or about 29 June  1953.   On  10  July
           1953, a summary court-martial sentenced him  to  be  confined  at
           hard labor for 15 days, to forfeit $15.00, and to be  reduced  to
           the grade of airman basic (E-1).

        d. On or about 18 June 1955, he was, without proper authority, AWOL,
           and remained AWOL until on or about 20 June  1955.   On  27  June
           1955, a summary court-martial sentenced  him  to  confinement  at
           hard labor for one month and to forfeit $39.00.

On 12 July 1955, the applicant’s commander recommended  he  be  required  to
appear before a  Board  of  Officers  due  to  his  repeated  commission  of
offenses and a psychiatric evaluation diagnosis of  low  average  mentality,
immaturity, passive-aggressive reaction, and moderate dependency.

On 22 July 1955, the applicant voluntarily signed a statement  acknowledging
legal counsel had been made available to him.  In  the  same  statement,  he
acknowledged  he  had  been  informed  of  his  commander’s  initiation   of
involuntary discharge action against him, he had  read  the  report  stating
the specific reasons he was considered unfit, and he  understood  Air  Force
Regulation (AFR) 39-17.  He acknowledged that he understood his  entitlement
to an impartial hearing by a Board of Officers,  that  he  was  entitled  to
counsel, and that he was entitled to present evidence and call witnesses  in
his behalf at such a hearing.  The applicant  waived  his  right  to  appear
before the board and requested he  be  discharged  without  the  benefit  of
board proceedings.  In the same statement,  he  acknowledged  he  understood
that if  his  application  was  approved,  his  separation  could  be  under
conditions other than honorable and that he  could  receive  an  undesirable
discharge, which could deprive  him  of  rights  as  a  veteran  under  both
Federal and State legislations.

On 12 August 1955, the applicant was  discharged  in  the  grade  of  airman
basic (E-1) under the provisions of AFR 39-17, with an  undesirable  service
characterization.  He served a total of 3 years, 7 months,  and  28 days  of
net active service.

On  12  February  1957,  the  Air  Force  Discharge  Review  Board   (AFDRB)
disapproved the applicant’s request for  an  upgrade  of  his  discharge  to
honorable.  His request for reconsideration was disapproved on 7  May  1957,
30 January 1958, and 11 February 1963.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, WV, provided a copy of  an  Investigation  Report  which  is  at
Exhibit C.  On 20 March 2008, a copy of the FBI report  and  a  request  for
post-service information were forwarded to  the  applicant  for  review  and
comment within 30 days.  In response  to  our  request,  he  provided  post-
service information, which is attached 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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the case; however, we  find  no
evidence  of  an  error  or  injustice  that  occurred  in   the   discharge
processing.  Based on the available  evidence  of  record,  it  appears  the
discharge was consistent with the substantive requirements of the  discharge
regulation  and  within  the  commander's  discretionary   authority.    The
applicant has provided no evidence  which  would  lead  us  to  believe  the
characterization of the service  was  contrary  to  the  provisions  of  the
governing regulation, unduly harsh,  or  disproportionate  to  the  offenses
committed.   We  considered  upgrading  the  discharge  based  on  clemency;
however, we do not find the evidence presented is sufficient  to  compel  us
to recommend granting the relief sought on that basis.   Therefore,  in  the
absence of evidence to  the  contrary,  we  find  no  basis  upon  which  to
recommend granting the relief sought.

________________________________________________________________

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  Docket  Number  BC-2008-00206
in Executive Session on 14 May 2008, under the provisions of AFI 36-2603:

                       Mr. James W. Russell, III, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Oct 07, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  USDOJ FBI Report, dated 6 Feb 08.
    Exhibit D.  Letter, AFBCMR, dated 20 Mar 08, w/atchs.
    Exhibit E.  Applicant’s Post-Service Information,
                dated Apr 08.




                                   JAMES W. RUSSELL, III
                                   Panel Chair