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AF | BCMR | CY2003 | BC-2003-00450
Original file (BC-2003-00450.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00450
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be changed
to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He makes no contentions.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered into the Air Force on 28 May 1962.  On    17 May
1965, the applicant  was  notified  by  his  commander,  that  he  was
recommending he be discharged, under the provisions of AFR 39-17,  for
unfitness.  The basis for the action was a 6 Mar  1964  general  court
martial, in which he was found guilty of  forging  a  signature  on  a
check.  He was reduced to E-1, confined at hard labor for  six  months
and forfeiture of $28 per month for  six  months.   A  12  March  1965
Special  court-martial  found  the  applicant  guilty  of   wrongfully
appropriating a tape recorder.  He was  sentenced  to  confinement  at
hard labor for six months and forfeiture of  $30  per  month  for  six
months.  He also had two letters of  indebtedness  on  1  April  1965.
Applicant waived his rights to appear before a Board of  Officers,  to
counsel and to submit statements.

The applicant’s DD Form 215, Correction to DD Form 214,  Armed  Forces
of the United States Report  of  Transfer  or  Discharge  is  dated  8
September 1965 reflects a UOTHC.  He served two years,     four months
and ten days on active duty.

The Air Force Discharge Review Board denied applicant’s request for an
upgrade of his discharge on 9 July 1981.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  The applicant did not  submit  any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.  Additionally, he provided no  facts  warranting
an upgrade of his discharge.

In accordance with AFM 35-5 (Separation Processing),  Table  13,  Item
3a, (dated 25 Jan 65) there was no “Undesirable” character of  service
authorized.  Therefore, his characterization  of  service  is  correct
(Under Conditions Other That Honorable).  See DD Dorm 215,  Correction
to DD Form 214, Armed Forces of the United States Report  of  Transfer
or Discharge, dated 8 September 1965.

The 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
10 Jun 03, 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 an error or injustice to warrant changing  his  UOTHC
discharge   to   honorable.    We   find   no   impropriety   in   the
characterization  of   applicant's   discharge.    It   appears   that
responsible officials applied appropriate standards in  effecting  the
separation, and we do not  find  persuasive  evidence  that  pertinent
regulations were violated or that applicant was not afforded  all  the
rights to which entitled at  the  time  of  discharge.   We  conclude,
therefore,  that   the   discharge   proceedings   were   proper   and
characterization of the discharge  was  appropriate  to  the  existing
circumstances.

4.  We also find insufficient evidence  to  warrant  a  recommendation
that the discharge be upgraded on the  basis  of  clemency.   We  have
considered applicant's overall quality of service and the events which
precipitated the discharge.  Based  on  the  evidence  of  record,  we
cannot  conclude  that  clemency  is  warranted.   Applicant  has  not
provided  sufficient  information  of  post-service   activities   and
accomplishments for us to conclude that  applicant  has  overcome  the
behavioral traits,  which  caused  the  discharge.   Should  applicant
provide statements from community leaders and acquaintances  attesting
to applicant's good character and reputation  and  other  evidence  of
successful post-service rehabilitation,  this  Board  will  reconsider
this case based on the new evidence.  We  cannot,  however,  recommend
approval based on the current evidence of record.

_________________________________________________________________

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 Docket  Number  BC-2003-
00450 in Executive Session on 17 July 2003, under  the  provisions  of
AFI 36-2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Mr. Clarence D. Long, III, Member
                 Ms. Sharon Seymour, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 19 May 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 6 Jun 03.
      Exhibit D. Letter, SAF/MRBR, dated 10 Jun 03.





      PATRICIA D. VESTAL
      Panel Chair


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