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AF | BCMR | CY1998 | 9802705
Original file (9802705.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER:  98-02705
                             INDEX CODE:  110.00

                             COUNSEL:  DAV

                       HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His wife was leaving him and he was under emotional duress.  He believes  he
was to be made an example of because he was an Air Policeman.

In support of his  request,  he  submits  character  references,  and  other
documentation.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  14  December  1955,  in  the
grade of airman basic for a period of four years.

On 12 April 1957, applicant was convicted by a  special  court  martial  for
exposing in an indecent manner, his penis and while  posted  as  a  sentinel
loitered on his  post.   He  was  sentenced  to  a  bad  conduct  discharge,
forfeiture of $60 pay per month for  six  months  and  confinement  at  hard
labor for six months.

On 16 October 1957, applicant was discharged in the grade of  airman  basic,
under the provisions of AFR 39-18 (Court Conviction),  and  received  a  bad
conduct discharge.  He served 2 years 11 months and  10  days  total  active
duty, with 153 days lost time.






Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., was unable to identify with  arrest  record  on  basis  of
information furnished Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Program Management, HQ  AFPC/DPPRS,  reviewed  the
application and states that applicant did not submit  any  new  evidence  or
identify any errors in  the  Court  Martial  proceedings  or  the  discharge
processing that caused him an injustice.  Therefore, they  recommend  denial
of applicant’s request.

A complete of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  and
counsel on 23 November 1998, for review and response within 30 days.  As  of
this date, no response has been received by 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.     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.

4.    We also find insufficient evidence to warrant  a  recommendation  that
the discharge be upgraded on the basis  of  clemency.   We  have  considered
applicant's overall quality of
service,  the  events  which  precipitated  the  discharge,  and   available
evidence  related  to  post-service  activities  and  accomplishments.    On
balance, we do not believe that clemency is warranted.

_________________________________________________________________

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 9 March 1999, under the provisions of AFI 36-2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Ms. Rita J. Maldonado, Member
                  Mr. Clarence D. Long III, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 10 November 1998.
   Exhibit D.  Letter, SAF/MIBR, dated 23 November 1998.
   Exhibit E.  FBI Report.





                                TERRY A. YONKERS
                                Panel Chair


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