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AF | BCMR | CY2003 | BC-2002-03458
Original file (BC-2002-03458.doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03458
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded from Bad Conduct to General, Under Honorable
Conditions.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His trial (Special Court Martial) was not fair and he  should’ve  been
granted a hardship discharge.  There was no evidence of any wrongdoing
except the word of a sergeant.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on 10
August 1950.  He was progressively promoted to the grade of Airman 2nd
Class (A2C/E-3) with an effective and date of rank of 30 June 1952.

On 30 June 1952,  the  applicant  was  punished  with  an  Article  15
resulting in reduction in grade from A2C to Airman 3rd Class for being
Absent Without Leave (AWOL) from 8 to 11 May  and  16  to     30  June
1952.  Applicant was AWOL for four  additional  periods  (8  –15  July
1952, 8–20 August 1952, 1–14 September 1952 and 27 Oct to  1  November
1952) for which he received punishment of 3  months  confinement  with
hard labor and a fine of $34 per month for two months  on  9  December
1952.  Applicant failed to report to duty on 20, 23, 28 and  29  April
1953 and, on 30 April 1953, was charged with willfully  disobeying  an
order to remove rank insignia that the applicant was not authorized to
wear.  On 22 May 1953, the applicant was punished for the  failure  to
report and disobeying an order by being confined for four months  with
hard labor and forfeiture of $40 per month for four months (reduced to
$34 per month for four months by 31 August 1953 Review Board),  and  a
Bad Conduct Discharge.

The record does not indicate when the applicant returned to the United
States (sometime after 16 September 1953), but picks up on 1  December
1953 with  the  applicant  being  declared  AWOL  from  his  personnel
processing squadron at Parks AFB in California.  On   31 December 1953
the applicant was formally charged as a deserter.

The Federal Bureau of Investigation (FBI) apprehended the applicant on
11 March 1954 in Pennsylvania and returned him to military custody  at
the --- Air Defense Group in Wilmington, Delaware.  The applicant  was
confined in Wilmington after being charged  AWOL  for  the  period  23
through 29 March 1954.  During the discovery period the  record  shows
that the applicant  was  released  on  or  about  13  May  1954  after
officials in Wilmington, DE determined that  the  applicant  should’ve
been discharged upon arrival at the personnel processing  squadron  at
Parks AFB, California.

A special court-martial was convened on 4 June 1954 in  Wilmington  to
address  the  applicant’s  two  outstanding  AWOL  charges,          1
December through 12 March 1954 and 23 through 29 March 1954, where the
applicant was found guilty and consequently sentenced  to  confinement
with hard labor for six months and fined $34 per month for six months.
 The sentence was disapproved and the  charges  dismissed  as  the  HQ
Eastern Defense Force commander found that the applicant had, in fact,
been discharged from the Air Force with a Bad Conduct Discharge on  14
May 1954.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS contends that  the  documentation
in the applicant’s file confirms that  the  discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation and that the discharge was within  the  discretion  of  the
discharge authority.  Additionally, DPPRS notes  a  lack  of  any  new
evidence or identification  of  errors  or  injustices  that  occurred
during the discharge processing.

AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the  applicant  on
27 November 2002, for review and comment within 30 days.  As  of  this
date, this office has received no response.

_________________________________________________________________

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 material error or injustice.  After a special  court-
martial for several offenses, the applicant was discharged with a  bad
conduct discharge.  It appears that the responsible officials  applied
appropriate standards in effecting the discharge,  and  the  applicant
has not provided persuasive evidence that pertinent  regulations  were
violated or that he was not afforded all the rights to  which  he  was
entitled.  The  applicant  has  failed  to  sustain  his   burden   of
demonstrating he suffered either an  error  or  an  injustice  and  we
conclude that no basis exist to  recommend  favorable  action  on  his
request

_________________________________________________________________

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-
2002-03458 in Executive Session on 23 April 2003, under the provisions
of AFI 36-2603:

      Mr. Charles E. Bennett, Panel Chair
      Mr. William H. Anderson, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 21 Nov 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Nov 02.




                                   CHARLES E. BENNETT
                                   Panel Chair

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