RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02553
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge be upgraded to  general,
under honorable conditions.

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APPLICANT CONTENDS THAT:

The  offense  for  which  he  was  convicted,  issuing  a  bad  check,   was
nonviolent.  He does not deny that he committed the  offense;  however,  had
he been effectively represented by  counsel,  the  charge  would  have  been
reduced to a misdemeanor status and he would have been allowed to remain  in
the service.  His record contains no other disciplinary actions  during  his
period  of  service.   His  sense  of  shame  over   being   discharged   as
“undesirable” has prevented him from seeking veterans benefits.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

On 14 May 57, the applicant enlisted in the Regular Air Force (RegAF) for  a
period of four years in the grade of airman basic.

On 12 Nov 57, applicant was absent  without  leave  (AWOL).   His  AWOL  was
terminated by apprehension by  civil  authorities  on  13 Nov  57.   He  was
confined  from  13 Nov  57  to  13 Jan  58   (63   days)   pending   further
investigation.

On 3 Feb 58, he was tried and convicted for issuing fictitious  checks.   He
was given five years probation.





On 6 Feb 58, the commander recommended the applicant be discharged from  the
Air Force under the provisions of AFR  39-22  (Conviction  by  Civil  Court)
with an undesirable discharge.  The  reasons  for  the  commander’s  actions
were that the applicant was tried and convicted  for  violation  of  Section
476a of the Penal Code of California; issuing fictitious  checks  which  was
punishable by incarceration in the State Penitentiary for a period of  1  to
14 years.

On 21 Feb 58, the applicant was discharged under the provisions of  AFR  39-
22  (Attrition,  Conviction  by  Civil  Court)  with  an  under  other  than
honorable conditions discharge in the grade of airman third class.   He  was
credited with seven months and five days of active service.

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

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this application and recommends that if a check  of  the
FBI files proves  negative,  his  discharge  should  be  upgraded  to  under
honorable conditions (general).  They state that considering  the  discharge
was over 43 years ago  and  the  type  of  offenses,  they  would  recommend
clemency.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant  on  2 Nov  01
for review and response within 30 days.  As of this date,  no  response  has
been received by this office.

On 31 Jan 02, a copy of the  FBI  report  was  forwarded  to  applicant  for
review and response (see Exhibit F).  As of this date, no response has  been
received by this office.

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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  thoroughly  reviewing  the
evidence of record and noting the applicant’s complete submission,  we  find
no evidence of error or injustice.   In  this  respect,  we  note  that  the
applicant’s discharge appears to be in compliance  with  the  governing  Air
Force Regulation in effect  at  the  time  of  his  separation  and  he  was
afforded all the rights to which entitled.  The applicant  has  provided  no
evidence  to  indicate  that  his  separation  from  the   Air   Force   was
inappropriate.  Therefore, in view of the  above,  and  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

4.  We also find insufficient evidence to warrant a recommendation that  the
discharge be upgraded on  the  basis  of  clemency.   Considering  that  the
discharge occurred over 43 years ago and the type of  offense  committed  by
the applicant, the appropriate office of the Air Force  has  indicated  that
they would recommend clemency if a check of the FBI files  proves  negative.
However, as indicated in the  FBI  investigate  report,  the  applicant  has
numerous arrests from 1962 to 1999, to include convictions for  writing  bad
checks - the basis for his discharge.  In view of this, and considering  the
applicant's overall quality of service, we do not believe that  clemency  is
warranted.

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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.

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The  following  members  of  the  Board  considered  Docket  Number?(DN)  in
Executive Session on 14 March 2002, under the provisions of AFI 36-2603:

                  Ms. Peggy E. Gordon, Panel Chair
                  Mr. John E. Pettit, Member
                  Mr. Albert J. Starnes, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Sep 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Investigative Report, FBI.


    Exhibit D.  Letter, AFPC/DPPRS, dated 18 Oct 01.
    Exhibit E.  Letter, SAF/MRBR, dated 2 Nov 01.
    Exhibit F.  Letter, AFBCMR, dated 31 Jan 02.




                                   PEGGY E. GORDON
                                   Panel Chair