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AF | BCMR | CY2000 | 0000637
Original file (0000637.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-00637
            INDEX NUMBER:  106.00, 110.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His car broke down.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 20 October 1955, the applicant enlisted in the Regular Air Force in
the grade of basic airman.  Prior to the events cited  below,  he  was
promoted to the grade of airman second class (A2C).

On 27 April 1956, applicant’s commander imposed Article 15 punishment,
in that:  on  or  about  19  April  1956,  without  proper  authority,
applicant failed to go at the time prescribed, to his appointed  place
of duty, to wit: to school.  Applicant acknowledged receipt of Article
15 on 27 April 1956; he was reduced to the grade of airman basic.

On 03 August 1956, the applicant was convicted  by  a  general  court-
martial for being absent without leave (AWOL) from on or  about     15
May 1956 to 02 June 1956, and for larceny on or about 05 May 1956.  He
was sentenced to confinement at hard labor (CHL) for  six  months  and
forfeiture of $25.00 a month, for six months.

On 03 March 1958, the applicant was  convicted  by  a  special  court-
martial for being AWOL on or about 27 December  1957  to  01  February
1958.  He was sentenced to a  bad  conduct  discharge,  forfeiture  of
$39.20 per month for three months  and  CHL  for  three  months.   The
sentence was adjudged on 12 March 1958.

On 18 June 1958, the applicant was discharged with a BCD.  Applicant’s
grade at the time  of  discharge  was  airman  basic  (A/B).   He  was
credited with 1 year, 9 months, and 1 day of active service  (excludes
330 days lost time).

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided an investigative report  which  is
attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, reviewed  the  application  and
states the applicant  was  court-martialed  for  being  AWOL  and  was
sentenced to 3 months at hard labor and forfeiture of $39.00 per month
for 3 months.  He had one previous  conviction  for  being  AWOL  [and
larceny].  He also states that the  applicant  did  not  identify  any
specific errors in the discharge processing.  However, considering the
discharge occurred 42 years ago and considering  the  reason  for  the
discharge action, they recommend clemency.  If  a  check  of  the  FBI
files proves negative, they recommend the  discharge  be  upgraded  to
under honorable conditions (general).

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 May 2000, a copy of the Air Force Evaluation  was  forwarded  to
the applicant for review and response within 30 days (Exhibit E).

On 07 August 2000, a copy of the  FBI  report  was  forwarded  to  the
applicant for comment.  At that time, the applicant was  also  invited
to provide additional evidence  pertaining  to  his  activities  since
leaving the service.  As of this date, no response has  been  received
by this office (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.   After  reviewing  the
circumstances surrounding applicant’s separation, we are not persuaded
that the type of discharge he received was either in error or  unjust.
We note that the Air Force recommended, provided his  FBI  report  was
negative, that his discharge be upgraded to under honorable conditions
(general) based on clemency.  The applicant was provided a copy of the
FBI report and also informed that he had failed to provide information
pertaining to his activities since leaving the service.  Applicant did
not respond to the request  for  information  on  his  activities  nor
comment on the FBI report.  Therefore, in the absence  of  information
pertaining to his post-service activities, we find no basis upon which
to recommend an upgrade of his discharge.

________________________________________________________________

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 05 October 2000, under the provisions of AFI  36-
2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Mr. Steven A. Shaw, Member
      Mr. George Franklin, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Mar 00.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 14 Apr 00.
    Exhibit E.  Letter, AFBCMR, dated 12 May 00
    Exhibit F.  Letter, AFBCMR, dated 07 Aug 00.




                                   GREGORY H. PETKOFF
                                   Panel Chair

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