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AF | BCMR | CY2003 | BC-2003-00277
Original file (BC-2003-00277.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  03-00277
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In the year 1952, he made  the  mistake  of  associating  with  fellow
servicemen who  were  bad  company.   He  was  with  them  during  the
commission of a crime.  He loves his country and flies a flag daily on
his property, his home.  His discharge has bothered him for  years  --
he is now 71.

In support of the appeal, applicant submits a character reference  and
DD Form 293.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 July 1950.  Prior to
the events under review, he was progressively promoted to the grade of
airman third class (E-3) on 1 April 1952.  He received  character  and
efficiency ratings of “excellent”  on  12 February  1950,  8  November
1950, 19 June 1951, and 4  December  1951   On  8  October  1952,  his
character  was  rated  as  “poor”  and  his   efficiency   was   rated
“unsatisfactory.”

The applicant was convicted by the Superior  Court  of  the  State  of
California on 11 July 1952 for grand theft, auto.  He  pleaded  guilty
and was sentenced to probation for 3 years for  committing  a  felony.
On 8 October 1952, his commander recommended he be discharged with  an
undesirable  discharge.   Prior  to  discharge,  the   applicant   was
interviewed by his section head and squadron commander.   They  stated
he was an unsatisfactory airman in all respects.  They further  stated
since his civil court conviction, his attitude towards  his  work  and
responsibilities was intolerable.  His  work  had  deteriorated  to  a
point it was necessary to relieve him of his  duties.   Probation  and
rehabilitation were not recommended.  The Discharge Authority approved
the discharge and he was  discharged  with  an  undesirable  discharge
under the provisions of AFR 39-22.  He had served 2 years and 2 months
on active duty.  Time lost was 23 days due to civil confinement.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided an investigative  report  that  is
attached at Exhibit  C.   The  information  contained  in  the  report
pertains solely  to  the  conviction  which  led  to  the  applicant’s
separation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.  Additionally, the discharge was within the discretion  of
the  discharge  authority.   Therefore,  they  recommend   denial   of
applicant’s request.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 February 2003, a copy of the Air Force evaluation was  forwarded
to the applicant for review and response 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 error or injustice.  Evidence has not  been  provided
which would lead us to believe  that  the  applicant’s  discharge  was
contrary to the provisions of the governing regulation under which  it
was  effected.   We  have  noted  the  statements  provided   by   the
applicant’s  son-in-law  in  support  of  his  appeal.   While   these
statements allude to  a  successful  post-service  adjustment  by  the
applicant,  without  more  expansive  evidence  of  good   citizenship
subsequent to his separation, we are not inclined to  extend  clemency
in this case.  Should the applicant provide such evidence, we would be
willing to  reconsider  his  request  for  recharacterization  of  his
discharge.

_________________________________________________________________

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 2 April 2003, under the  provisions  of  AFI  36-
2603:

                 Mr. Edward C. Koenig, III, Panel Chair
                 Mr. Thomas J. Topolski, Jr., Member
                 Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Feb 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 19 Feb 03.
      Exhibit E. Letter of Support, dated 20 Mar 03.
      Exhibit F. Letter, AFBCMR, dated 28 Feb 03.




                             EDWARD C. KOENIG, III
                             Panel Chair



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