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AF | BCMR | CY1999 | 9801433
Original file (9801433.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01433
            INDEX CODE:  106.00
                 COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1955 Bad Conduct Discharge (BCD) be changed to an honorable or  an
under honorable conditions discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He took $20.00 from the open footlocker of an individual  who  refused
to pay him for work he had done on the individual’s car. He admits  he
did a “dumb thing” and states he has never had trouble  with  the  law
after the service. He provides seven character  references,  the  most
recent of which is dated 1989.

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

_________________________________________________________________

STATEMENT OF FACTS:

Relevant facts pertaining to  this  application,  extracted  from  the
applicant's military records, are contained in the 18 May 1955  review
of the Staff Judge Advocate and the letter prepared by the appropriate
office of the Air Force.  Accordingly, there  is  no  need  to  recite
these facts in this Record of Proceedings.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., indicated that on the basis of the  data  furnished,
they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

The Associate Chief, Military Justice Division,  AFLSA/JAJM,  reviewed
the appeal,  provided  the  facts  of  military  justice  actions  and
recommended denial. The applicant does not allege that  any  injustice
or legal error occurred during his court-
martial. His version of events differs significantly  from  the  facts
elicited at trial, as well as his  own  confession  at  the  time.  He
neglects to mention that he was actually convicted and discharged  for
stealing money while he was in confinement after his  previous  court-
martial  conviction  for  wrongfully  appropriating  another  airman’s
funds. He also fails to mention his other court-martial conviction for
falsifying an identification  card.   All  three  of  the  applicant’s
convictions  were  for  crimes  involving  dishonesty.  There  is   no
substantive justification for upgrading the applicant’s BCD.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the evaluation, contending he was a devoted
serviceman until he got shipped away  and  became  involved  with  the
wrong group of people. He is a changed person and “begs for  a  second
chance.”  He provides four more character references.

A complete copy of applicant’s response is at Exhibit F.

_________________________________________________________________

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 probable error or injustice. Applicant’s  contentions
and the character references he provided are duly noted;  however,  we
do not find this sufficiently compelling to warrant upgrading his BCD.
The applicant was convicted and discharged for stealing money while in
confinement after a previous court-martial conviction  for  wrongfully
appropriating another  airman’s  funds.  He  also  was  convicted  for
falsifying an identification card. It  appears  that  the  responsible
officials applied appropriate standards in  effecting  the  discharge,
and the applicant has not provided persuasive evidence that  pertinent
regulations were violated or that he was not afforded all  the  rights
to which he was entitled. Further, given the fact that  he  had  three
court-martial convictions during his brief period of military service,
we are not inclined to
upgrade his discharge on the basis of clemency. As the  applicant  has
failed to sustain his burden of having suffered either an error or  an
injustice, we recommend his request be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 July 1999 under the provisions of AFI 36-2603:


                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Gary Appleton, Member
                 Ms. Patricia A. Vestal, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 3 Jun 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFLSA/JAJM, dated 2 Sep 98.
   Exhibit E.  Letter, AFBCMR, dated 12 Oct 98.
   Exhibit F.  Letter, Applicant, 19 Feb 99, w/atchs.




                                   RICHARD A. PETERSON
                                   Panel Chair

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