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AF | BCMR | CY2002 | 0103445
Original file (0103445.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  01-03445
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s bad conduct  discharge  (BCD)  be  upgraded  to  general,
under honorable conditions.

________________________________________________________________

APPLICANT CONTENDS THAT:

The discharge given was incorrect and her  late  husband  should  have  been
given a General (under honorable conditions) discharge.

Applicant’s complete submission is attached at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 29 Aug 51, the deceased member enlisted in the Regular Air Force  (RegAF)
for a period of four years.

The evidence in the record reflects that:

      a.  The former member received Article 15 punishment  for  failure  to
repair for duty on 8 and 9 Dec 51, with  resulted  in  a  reduction  to  the
grade of private (rank converted to airman basic on 1 Apr 52).

      b.  He received three court-martials:  (1) for  being  AWOL  6-12  Feb
52, with punishment consisting of 27 days of restriction and  forfeiture  of
$45; (2) for being AWOL 24 May to 1 Jul 52, with  punishment  consisting  of
three months of confinement at hard labor and forfeiture of  $50  per  month
for three months; and (3) for being AWOL 24 Nov 52 to 14 Mar 53,  for  which
he was sentenced to a BCD, six months  of  confinement  to  hard  labor  and
forfeiture of $55 per month for six months.



On 17 Jun 53, the member was discharged from the Air Force  with  a  BCD  in
the grade of airman basic.  He was credited with 8 months  and  22  days  of
active service (excludes 391 days of lost time due to 3 periods of AWOL  and
4 periods of confinement).

On 28 Sep 54, the Air  Force  Discharge  Review  Board  (AFDRB)  denied  the
member’s request for an upgrade of his discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia, indicated they were unable to identify an  arrest
record on the basis of the information furnished (Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this application  and  recommends  denial.   They  state
that based upon the documentation in the file, the discharge was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation and  the  discharge  was  within  the  sound  discretion  of  the
discharge authority.  The applicant did  not  submit  any  new  evidence  or
identify  any  errors  or  injustices  that  occurred   in   the   discharge
processing.  Additionally, no facts warranting an upgrade  of  the  deceased
member’s discharge were furnished.

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and  provided  a  three-page
response which is attached 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.  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
service member’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 her late husband’s separation  was  inappropriate.
There being insufficient 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.   We  have  considered  the
service member's overall quality of service, the events  which  precipitated
the  discharge,  and  available  evidence  related   to   his   post-service
activities  and  accomplishments.   On  balance,  we  do  not  believe  that
clemency is warranted.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  01-03445  in
Executive Session on 26 March 2002, under the provisions of AFI 36-2603:

                  Mr. Philip Sheuerman, Panel Chair
                  Mr. Billy C. Baxter, Member
                  Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Dec 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Investigative Report, FBI, dated 8 Feb 02.
    Exhibit D.  Letter, AFPC/DPPRS, dated 14 Jan 02.
      Exhibit E.  Letter, SAF/MRBR, dated 25 Jan 02.
      Exhibit F.  Letter, Applicant, dated 13 Feb 02.




                                   PHILIP SHEUERMAN
                                   Panel Chair


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