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AF | BCMR | CY2001 | 0002452
Original file (0002452.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02452
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like his discharge upgraded to be eligible for VA assistance.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 30 July 1954 in the grade  of
airman basic for a period of four years.

Applicant's military personnel records  were  destroyed  by  fire  in  1973.
Limited military records were available for review.

The applicant was court-martialed and was found  guilty  on  two  counts  of
failure to repair and one count of stealing a camera valued at $50.  He  was
sentenced to a forfeiture of $65 per month for six  months,  confinement  at
hard labor for six months and a bad conduct discharge.  Only so much of  the
sentence as provided for the bad  conduct  discharge,  confinement  at  hard
labor for six months, and forfeiture of $55.46 per  month  for  six  months,
was affirmed.  The modified sentenced was  duly  executed.   The  unexecuted
portion of the sentence to confinement at hard labor was remitted.

Applicant was discharged on 3 January 1957, in the  grade  of  airman  third
class with a bad conduct discharge, under the provisions of a special court-
martial action.  He served a total of 2 years, 11 months and  4  days  total
active duty.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  investigation,
Washington, D.C., provided an investigative  report  which  is  attached  at
Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Military  Personnel  Management  Specialist,  Separations  Branch,   HQ
AFPC/DPPRS, reviewed this application and states that the applicant did  not
provide evidence  of  error  in  his  discharge  case.   However  since  the
discharge occurred over 43 years  ago  and  considering  the  punishment  he
served for the crime he committed, they recommend clemency.  If a  check  of
the Federal Bureau of Investigation files proves  negative,  they  recommend
his discharge be upgraded to honorable and that the AFBCMR  direct  that  he
be issued a DD Form 256AF, Honorable Discharge Certificate,  since  he  does
not have a DD Form 214 to correct or upgrade.  He has  not  filed  a  timely
request.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 October 2000, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response within  thirty  (30)  days.   As  of  this
date, no response has been received by this office.

On 21 November 2000,  a  copy  of  the  FBI  report  was  forwarded  to  the
applicant for review and response within  thirty  (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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or  injustice  warranting  an   upgrade   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.  The Air Force, in  their  2 October  2000  advisory,  recommends
that since the discharge occurred over 43 years ago it  should  be  upgraded
on the basis of clemency, if a check  of  the  FBI  investigation  files  is
negative for any criminal activity.  However, we note that  the  FBI  report
indicates that the applicant has  apparently  committed  further  misconduct
subsequent to  his  discharge.   In  view  of  the  foregoing,  we  are  not
persuaded that an upgrade of the  applicant’s  discharge  on  the  basis  of
clemency is warranted in this case.  Therefore,  favorable  action  on  this
appeal is not recommended.

_________________________________________________________________

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 8 February 2001, under the provisions of AFI 36-2603:

                  Mr. Patrick R. Wheeler, Panel Chair
                  Mr. Roger E. Willmeth, Member
                  Mr. John E. Pettit, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 Sep 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 2 Oct 00.
   Exhibit E.  Letter, SAF/MIBR, dated 20 Oct 00.




                                PATRICK R. WHEELER
                                Panel Chair



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