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AF | BCMR | CY2002 | 0101728
Original file (0101728.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01728
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not do anything bad - just went AWOL too much.

In support of his request, the applicant submits what appears to be  a
section of a discharge order and a DD Form 293  (Application  for  the
Review of Discharge or Dismissal from the Armed Forces of  the  United
States).  The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Excluding applicant’s court-martial records,  his  military  personnel
records were destroyed by fire in 1973.

Applicant's court-martial records reflect  that  he  enlisted  in  the
Regular Air Force on 20 June 1951 for a period of four years.

On 4 March 1952, applicant was tried before a special court-martial at
Big Spring AFB, TX.  He was charged with  violation  of  Article  134,
UCMJ, Specification: he did on or about  9  Feb  52,  with  intent  to
deceive, wrongfully and unlawfully  make  and  utter  to  War  Surplus
Store, a check in the amount of $10.85  without  sufficient  funds  to
meet the payment.  The  applicant  had  two  previous  special  court-
martial convictions for being AWOL.   One  prior  conviction  was  for
being AWOL from 13 September 1951 until 8 October 1951; and, the other
conviction was for being AWOL from 9 December 1951  until  26 December
1951.  On 26 March 1952, applicant was  sentenced  to  a  bad  conduct
discharge, confinement at hard labor for six months and forfeiture  of
$26.00 per month for six months.  The convening authority approved the
sentence and, on 28 April 1952, the Air Force Board of Review affirmed
the findings and sentence.

On 7 October 1952, the applicant  received  a  bad  conduct  discharge
under the provisions of AFR 39-18.  He was serving  in  the  grade  of
airman basic at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided an investigative report which is attached  at
Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

There is no Air Force advisory opinion on this case.
_________________________________________________________________

APPLICANT'S REVIEW OF FBI REPORT:

A copy of the FBI Report was forwarded  to  applicant  on  14 February
2002 for review.  As of this date, no response has  been  received  by
this office (Exhibit D).
_________________________________________________________________

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  carefully
considering the applicant’s submission and the available  evidence  of
record, we are not persuaded that his bad conduct discharge should  be
upgraded.  Applicant’s contentions are duly noted; however, other than
his own assertions, he has provided no evidence establishing that  his
bad conduct discharge in 1952 was unfounded or unjust.  Based upon the
presumption of regularity in the conduct of governmental  affairs,  it
appears  that  the  applicant's  discharge  was  in  compliance   with
appropriate directives and we find no evidence to  indicate  that  his
separation from the Air Force  was  inappropriate.   In  view  of  the
foregoing,  and  absent  persuasive  evidence  to  the  contrary,  the
applicant has failed to sustain his burden of having  suffered  either
an error or an injustice.  We therefore find no basis  upon  which  to
favorably consider this application.
_________________________________________________________________

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 Docket  Number  01-01728
in Executive Session on 3 April 2002, under the provisions of AFI  36-
2603:

                  Mr. Charles E. Bennett, Panel Chair
                  Mr. Joseph A. Roj, Member
                  Mr. Thomas J. Topolski Jr., Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Oct 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Identification Record - 227181D.
   Exhibit D.  Letter, AFBCMR, dated 14 Feb 02.




                                   CHARLES E. BENNETT
                                   Panel Chair

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