RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2002-04056
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

      XXXXXXXXXXXXXX                    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The charges he was convicted of, which led to his military  discharge,  were
civilian in nature.

In support of his application, he provided a personal statement and  a  copy
of DD Form 293, Application for the Review of Discharge  or  Dismissal  from
the Armed Forces of the United States.  A copy of the  applicant’s  complete
submission with attachments is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 11 January 1956, the applicant enlisted in the Regular Air Force  at  the
age of 17 in the grade of airman basic (E-1) for a  period  of  four  years.
The applicant was trained in Air Force Specialty Code  (AFSC)  232X0,  Still
Photography.  He was promoted to the grade  of  airman  third  class  (E-2),
effective and with a date of rank of 3 April 1956.  The  applicant  received
excellent ratings in character and  efficiency  on  two  occasions  for  the
period 11 January 1956 through 3 April 1956.

On 21 September 1956,  the  Denver  District  Court  of  ---  convicted  the
applicant of  burglary.   The  applicant  pled  guilty  as  charged.   On  1
November 1956, the applicant was sentenced to five years’ probation.  On  19
November 1956, the squadron adjutant requested the applicant’s discharge  in
accordance to Air Force Regulation (AFR) 39-22 (conviction by  civil  court)
and that he be furnished an undesirable  discharge  because  of  the  felony
conviction.  On 26 November  1956,  the  discharge  authority  approved  the
discharge and ordered an undesirable discharge effective  5  December  1956.
The applicant had served 9 months, and 5 days  on  active  duty.   His  time
lost was 50 days due to civil confinement.

The applicant made application to the Discharge Review  Board  (DRB)  on  23
February 1962, requesting his discharge be upgraded  to  general.   The  DRB
denied his request on 25 April 1962.


Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided a copy of an  Investigation  Report  pertaining  to
the applicant, which is at Exhibit E.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states  the  discharge  was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation and was within the discretion of the  discharge  authority.   The
applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the  discharge  processing.   Additionally,  the  applicant
provided no facts warranting an upgrade of the discharge he  received.   The
DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report  were  forwarded  to
the applicant on 7 March 2003 and 3 April  2003  for  review  and  comment
(Exhibits D and F).   As  of  this  date,  this  office  has  received  no
response.

The applicant was given the opportunity to submit comments about  his  post
service  activities  (Exhibit  G).   His  reply,  two  character  reference
letters, is at Exhibit H.

_________________________________________________________________

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.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The  characterization  of  discharge
which was issued at the  time  of  the  applicant’s  separation  accurately
reflects the circumstances of  his  separation  and  we  do  not  find  the
characterization of discharge to be in error or unjust.  We have noted  the
supportive statements provided in the applicant’s behalf.  In our  opinion,
the cited statements are not of a sufficient quality or quantity to support
approval of the requested relief based on clemency in  view  of  the  short
period of time he served on active duty and the excessive  amount  of  time
lost to the government.  Accordingly, in view  of  the  above  and  in  the
absence of more expansive evidence showing the applicant has maintained the
standards of good citizenship over an extended period of time, his  request
is not favorably considered.

_________________________________________________________________

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 14 May 2003, under the provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Mr. David W. Mulgrew, Member
      Ms. Barbara J. White-Olson, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2002-04056
was considered:

      Exhibit A.  DD Form 149, dated 10 Feb 2003, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 4 Mar 2003.
      Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 2003.
      Exhibit E.  FBI Report ----, dated 28 Mar 2003.
      Exhibit F.  Letter, AFBCMR, dated 3 Apr 2003.
      Exhibit G.  Letter, AFBCMR, dated 26 Mar 2003.
      Exhibit H.  Character References, dated 1 and 7 Apr 2003.




                                  BRENDA L. ROMINE
                                                   Panel Chair