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AF | BCMR | CY2003 | BC-2002-02153
Original file (BC-2002-02153.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02153
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His offenses were considerably minor for such a  harsh  punishment.
In his declining years he would like to look back on  his  military
history with pride.

In support of his appeal, applicant submitted a copy of his DD Form
214, Report of Separation from  the  Armed  Forces  of  the  United
States, dated 13 Jun 56, and letters of character reference from an
employee and his certified public accountant.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Prior to the period of service under review, the  applicant  served
honorably in the Air  National  Guard  from  6  Jun  54  until  his
discharge on 10 Jan 55.

On 12 Jan 55, he enlisted in the Air Force for  a  period  of  four
years in the grade of airman basic.  He was promoted to  the  grade
of airman third class with an effective date and date  of  rank  of
5 Apr 55.  Applicant received character and efficiency  ratings  of
excellent from 30 Mar 55 – 10 Sep 55.

On 1 Jun 56, applicant was tried and convicted in a civil court  on
charges of burglary.  He pled guilty and  was  sentenced  to  serve
3 years in a state penitentiary; however, his sentence was  changed
to probation for 3 years.

The specific facts surrounding his discharge from the Air Force are
unknown inasmuch as the discharge correspondence is not available.

On 13 Jun 56, he was discharged under the provisions of AFR  39-22,
by  reason  of  conviction  by  civil  court  and  was  issued   an
undesirable discharge certificate.  He was credited with 1 year,  5
months, and 2 days of active duty service during this period.

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

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
Based on the limited documentation in the  applicant’s  file,  they
found that the discharge was consistent  with  the  procedural  and
substantive requirements of the discharge regulation in  effect  at
the time of his discharge.  Additionally, the discharge was  within
the sound discretion of the discharge authority.  They  also  noted
that the applicant did not submit any new evidence or identify  any
errors or injustices that occurred in the discharge processing  nor
did he provide any facts warranting an upgrade of his discharge.

The complete Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 22 Aug 03 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

On 17 Oct 03, a copy  of  the  FBI  report  was  forwarded  to  the
applicant for comment.   At  that  time,  the  applicant  was  also
invited to provide additional evidence pertaining to his activities
since leaving the  service  (Exhibit  F).   As  of  this  date,  no
response has been received by this office.

___________________________________________________________________

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.  We note that  the
facts surrounding the circumstances of  the  applicant’s  discharge
are  not  available.   However,  based  upon  the  presumption   of
regularity in the  conduct  of  governmental  affairs  and  without
evidence to the contrary,  we  must  assume  that  the  applicant's
discharge was proper and in compliance with appropriate directives.
 Therefore, based on the available evidence of record, we  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 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 AFBCMR Docket  Number
BC-2002-02153 in Executive Session on 5 November  2003,  under  the
provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Mr. James W. Russell III, Member
      Ms. Leslie E. Abbott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Dec 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 14 Aug 03.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Aug 03.
    Exhibit F.  Letter, AFBCMR, dated 17 Oct 03.





                                   BRENDA L. ROMINE
                                   Panel Chair


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