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AF | BCMR | CY2002 | BC-2002-02603
Original file (BC-2002-02603.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02603

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable condition (UOTHC) discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was coerced in agreeing to this type of  discharge.   He  was  also  told
that it would be upgraded in 7 years after discharge.

In support of his appeal, the applicant submits a personal letter.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 17  October  1951  for  a
term of four years.  He was discharged from the Air Force on  30  July  1957
under the provisions of AFR 39-17 (unfitness) and received  an  under  other
than honorable conditions (UOTHC) discharge.  He served 5  years,  3  months
and 3 days total active service.

The applicant received a Summary Court-Martial for a breach of the peace  by
wrongfully engaging  in  a  fight  on  31  March  1956,  which  led  to  the
applicant's demotion to airman basic, confinement with  hard  labor  for  30
days, and a $60 fine.  The applicant then received a  Special  Court-Martial
for wrongful possession of and with the intent to deceive, a  military  pass
on 13 July 1956 and  broke  restriction  on  13  July  1956,  which  led  to
confinement with hard labor for 3 months and  $210  fine.   He  received  an
Article 15 for failure to repair to duty at the time prescribed on 8  August
1956 and received 14 days restriction.  He received another Article  15  for
failure to report for duty on   17 July  1957  and  was  demoted  to  airman
basic.  He had 100  days  of  lost  time  during  two  military  confinement
periods.
On  15  April  1958,  the  Air  Force  Discharge  Review  Board  denied  the
applicant's request to upgrade his discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  Based upon the documentation  in  the  file,
DPPRS  believes  the  discharge  was  consistent  with  the  procedural  and
substantive  requirements  of  the  discharge  regulation  and  within   the
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, he  provided  no  facts  warranting  an
upgrade of his discharge.  Accordingly, DPPRS recommends his records  remain
the same.  He has not filed a timely request.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated that he  believes
the additional evidence to support his request for a  record  change  should
be the fact that he was not given due process of law.  He was lied to as  to
the punishment he was to receive from a  summary  court-martial.   He  could
have supplied witnesses that would have sworn that he was a victim  and  not
a participant in the fight in  question.   Had  he  not  been  lied  to  and
shafted to "set an example" he would  not  have  rebelled  against  the  Air
Force.

He was one person setup by 4 or 5 Blacks and was trying  to  defend  himself
and for that he was court-martialed.  What happen to  the  Blacks  involved?
He requested a general court-martial instead of a summary  and  his  request
was denied.


Applicant's complete response is at Exhibit E.

_________________________________________________________________

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.  After a thorough review of the evidence of record  and  the  applicant’s
submission, we are not persuaded that his discharge should  be  upgraded  to
honorable.   We  find  no  impropriety  in  the  characterization   of   the
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  the
applicant was not afforded all the rights to which entitled at the  time  of
discharge.  We conclude, therefore,  that  the  discharge  proceedings  were
proper  and  characterization  of  the  discharge  was  appropriate  to  the
existing circumstances.  The only other basis upon  which  to  upgrade  this
discharge would be based on clemency.   However,  the  applicant  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  Docket  Number  02-02603  in
Executive Session on 20 November 2002, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Robert S. Boyd, member
      Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 May 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 5 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Sep 02.
      Exhibit E.  Applicant’s response, dated 23 Sep 02




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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