RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01005
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was reduced in  grade  for  personal  differences  rather  than  military
reasons.

In support of his request, the applicant provided a  copy  of  his  DD  Form
214, Armed Forces of the United States Report of Transfer or Discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 9 May 1966 in  the  grade  of
airman basic.  He was progressively promoted to the grade  of  airman  first
class having assumed that grade effective and with a  date  of  rank  of  19
October 1967.

On 5 March 1969, the applicant was notified by his commander of  his  intent
to recommend that he be discharged from the Air Force under  the  provisions
of AFM 39-12, paragraph 2-15a.  The specific reasons for  this  action  were
as follows:

      1. On 19 July 1968, the applicant failed to  report  to  duty  at  the
time prescribed.  For this infraction he  received  a  Letter  of  Reprimand
(LOR).

      2. On 14, 15, 16, and 19 August 1968, the applicant failed  to  report
to duty at the time prescribed in violation of Article 86, UCMJ.  For  these
infractions he received Article 15 punishment.  His punishment consisted  of
reduction in grade to airman (suspended) and 30 days correctional custody.

      3. On 29 and 30 December 1968, the applicant failed to report to  duty
at the time  prescribed  in  violation  of  Article  86,  UCMJ.   For  these
infractions he received Article 15 punishment.  His punishment consisted  of
vacation of the previously suspended reduction to the grade  of  airman  and
30 days correctional custody (suspended).

      4. On 19 and 22 January  1969,  the  applicant  was  derelict  in  the
performance of his  duties  and  disorderly  in  station,  in  violation  of
Articles 92 and 134, UCMJ.  For these infractions  he  received  Article  15
punishment.   His  punishment  consisted  of  vacation  of  the   previously
suspended 30 days of correctional custody and  reduction  to  the  grade  of
airman basic.

He was advised of his rights in this matter and acknowledged receipt of  the
notification  on  that  same  date.   After  consulting  with  counsel,  the
applicant waived his right to a hearing before an  administrative  discharge
board and elected not to submit statements on his own behalf.

On 20 April 1969, the applicant was discharged in the grade of airman  basic
with a general (under honorable conditions) discharge.  He served  2  years,
11 months and 12 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.

On 13 June 2008, a request for information pertaining  to  his  post-service
activities was forwarded to the applicant for  review  and  response  within
30 days (Exhibit D).  The applicant provided a response which is at  Exhibit
E.

On 10 July 2008, a copy of the FBI Report of Investigation was forwarded  to
the applicant for review and response within 30 days  (Exhibit  F).   As  of
this date, this office has received no response.

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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  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 the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-2008-
01005 in Executive Session on 5 November 2008, under the provisions of AFI
36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Mrs. Lea Gallogly, Member

The following documentary evidence was considered:

  Exhibit A. DD Form 149, dated 12 March 2008, w/atch.
  Exhibit B. Applicant's Master Personnel Records.
  Exhibit C. FBI Report of Investigation.
  Exhibit D. Letter, SAF/MRBC, dated 13 June 2008.
  Exhibit E. Letter, Applicant, dated 23 June 2008.
  Exhibit F. Letter, SAF/MRBC, dated 10 July 2008.





                       CHARLENE M. BRADLEY
                       Panel Chair