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AF | BCMR | CY2003 | BC-2003-00040
Original file (BC-2003-00040.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-00040
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1963 undesirable discharge be upgraded to general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was 21 years old and there was a lot of racial bias then. Also,  he
took the fall for others.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Most of the applicant’s records were destroyed in the Jul 73  fire  at
the National Personnel Records Center (NPRC).

The applicant enlisted on 22 Jul 59. He was  convicted  by  a  summary
court-marital on 4 Nov 60 for being absent without leave  (AWOL)  from
17 Oct to 3 Nov 60 (during which time he got married on 25 Oct 60). He
was reduced to airman basic, confined to hard labor for 30  days,  and
forfeited $55.00.  On 10 Jan 63, he pled guilty to and  was  convicted
of two specifications of  stealing  and  selling  government  property
valued less than $40.00 (several packages of sandpaper and 24 rolls of
masking tape) by special court-martial. His punishment was confinement
to hard labor for three months, forfeiture of  $25.00  per  month  for
three months and reduction from airman third class  to  airman  basic.
The sentence was adjudged on 23 Jan 63.  There is no DD Form 214,  but
there  is  a  Certification  of  Military  Service  dated  27 Apr  88,
indicating he was given an undesirable discharge on 8 Mar 63.

Pursuant to the Board's request, the Federal Bureau  of  Investigation
(FBI), Washington, D.C., provided an investigative  report,  which  is
attached at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS provided their rationale for recommending denial.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 28 Feb 03 for review and comment within 30 days.   As  of
this date, this office has received no response.

On 14 Apr 03, a complete copy of the FBI Report was forwarded  to  the
applicant for review and comment within 15 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  error  or  injustice  to  warrant  upgrading   the
applicant’s discharge. Although most of his records were destroyed  in
1973, enough information remains to reveal he was convicted  twice  by
summary court-martial; first in 1960 for being AWOL and again in  1963
for stealing and selling government property. These offenses supported
the  undesirable  discharge  and  the  applicant  has  not  shown  its
characterization should be changed on the grounds  of  discrimination,
error or injustice. Further, the FBI  investigative  report  indicates
his behavior worsened after his separation. Consequently, we  find  no
justification to recommend upgrading the discharge  on  the  basis  of
clemency. We therefore agree with the recommendations of the Air Force
and, absent persuasive evidence to the contrary,  find  no  compelling
reason to recommend granting the relief sought.

_________________________________________________________________

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 15 May 2003 under the provisions of AFI 36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. James A. Wolffe, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-00040 was considered:

   Exhibit A.  DD Form 149, dated 11 Jan 03.
   Exhibit B.  Applicant's Limited Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 19 Feb 03.
   Exhibit E.  Letter, SAF/MRBR, dated 28 Feb 03.
   Exhibit F.  Letter, AFBCMR, dated 14 Apr 03.




                                   ROBERT S. BOYD
                                   Panel Chair

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