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AF | BCMR | CY2002 | 0200521
Original file (0200521.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00521
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and wild and made a bad decision.  He received too severe of  a
punishment compared with  today’s  standards.   His  ability  to  serve  was
hampered due to a deprived background and being raised by a  single  parent.
Later in life he saw his mistakes and would like to be forgiven.  He is  now
71 years old and can’t afford to pay his medical bills.  He would  like  his
discharge to be upgraded so he can receive nursing  home  medical  benefits.
It is an injustice for him to continue to suffer  the  adverse  consequences
of a bad conduct discharge and clemency is warranted.

In support of his request the applicant provides a copy of  his  Application
for the Review of Discharge or  Dismissal  From  the  Armed  Forces  of  the
United States.

The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The majority of  the  applicant’s  records  were  lost  or  destroyed.   The
following is extracted from  the  limited  military  records  available  for
review.  On 13 January 1948, the applicant enlisted  in  the  United  States
Air Force.  On 29 January 1952, applicant was convicted by a general  court-
martial for being Absent Without Leave and sentenced to be  discharged  with
a bad conduct discharge, to forfeit $58.00  of  his  pay  per  month  for  6
months and to be confined at hard labor for  6  months.   The  sentence  was
affirmed and ordered into execution of 25 March 1952.  Pay records  indicate
his discharge was executed on 1 July 1952.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be  denied.   DPPRS  states  that  the
applicant did not submit any evidence or identify any errors  or  injustices
that occurred in his discharge process.  Based  upon  the  documentation  in
his  records,  DPPRS  believes  the  discharge  was  consistent   with   the
procedural and substantive requirements of  the  discharge  regulation  (see
Exhibit C).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  15
March 2002 for review and response.   As  of  this  date,  this  office  has
received no response (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  error  or  injustice.   After  careful  consideration  of  the
applicant’s request  and  the  available  evidence  of  record,  we  see  no
evidence that would warrant an upgrade of his characterization  of  service.
In our opinion, based on the amount of time lost to the government  and  the
limited evidence provided, the evidence submitted is  not  of  a  sufficient
quality and quantity to warrant the approval  of  the  requested  relief  at
this time.  The only other basis upon which to upgrade his  discharge  would
be based  on  clemency.   However,  the  applicant  has  failed  to  provide
documentation pertaining to his post-service activities.  Should he  provide
documentary evidence pertaining to his post-service activities we  would  be
willing to  reconsider  his  appeal.   In  the  absence  of  such  evidence,
favorable action is not recommended.

___________________________________________________________________

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 this application in  Executive
Session on 29 May 2002, under the provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. James W. Russell, III, Member

The following documentary evidence for AFBCMR Docket Number
02-00521 was considered:

     Exhibit A.  DD Form 149, dated 7 February 2002 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 11 March 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 15 March 2002.





                             PHILIP SHEUERMAN
                                             Panel Chair

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