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AF | BCMR | CY2003 | BC-2003-01009
Original file (BC-2003-01009.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01009
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

It  appears  the  applicant  is  requesting  an  upgrade   of   his
undesirable discharge.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He received a letter from Washington DC  while  he  was  living  in
Seattle WA to go before the Board to have his hearing  but  he  did
not have the money to get to DC.

He gave seven years to the service and needs some medical help.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Prior to the period of service under review, the  applicant  served
honorably in the Army Air Corps from 5 Jun 45 until 29 Jun 46;  the
Regular Army from 30 Jun 46 until 29 Jun 49; and the Air Force from
5 Jul 49 through 11 Aug 50.

On 12 Aug 50, he reenlisted in the Air Force in the grade of  staff
sergeant for an unspecified period.

On  or  about  1  Apr  52,  applicant  was  arrested  by   civilian
authorities and charged with forgery and held until his release  to
military authorities on 14 Aug 52.  He was convicted of forging and
uttering a government check and placed in military confinement from
15 Aug 52 through 7 Sep 52.

On 8 Sep 52, he was discharged under the provisions of  AFR  39-22,
by reason of conviction by civil court, with service  characterized
as  under  other  than  honorable  conditions  and  was  issued  an
undesirable discharge certificate.  He was credited with  7  years,
2 months, and 29 days active service (includes  160  days  of  lost
time due to confinement) (total of all periods of service).

On 26  Feb  53,  the  Air  Force  Discharge  Review  Board  (AFDRB)
considered and denied the applicant’s request for an upgrade of his
discharge to honorable.

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 17 Jul 03, that, on the
basis of data furnished, they  were  unable  to  locate  an  arrest
record (Exhibit C).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS found that the  discharge  was  consistent  with  the
procedural  and   substantive   requirements   of   the   discharge
regulation.  Additionally, that the discharge was within the  sound
discretion of the discharge authority.  They also  noted  that  the
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing,  nor  did  he
provide  any  facts  warranting  an  upgrade  of   his   discharge.
Accordingly, they recommended his records remain the same.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 2 May 03 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

On 24 Jul 03, the  applicant  was  invited  to  provide  additional
evidence pertaining to his activities since  leaving  the  service.
As of this date, no response  has  been  received  by  this  office
(Exhibit F).

___________________________________________________________________

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.   The  discharge
appears to be in compliance with the governing regulations  and  we
find no evidence to indicate that his separation from the Air Force
was inappropriate.  We find no evidence of error in this  case  and
after  thoroughly  reviewing  the  documentation  that   has   been
submitted in support of applicant’s appeal, we do  not  believe  he
has suffered from an injustice.  Additionally,  we  note  that  the
applicant has failed to provide the requested information regarding
his activities since leaving the service.  Therefore, based on  the
available evidence of record,  we  find  no  basis  upon  which  to
favorably consider this application.

___________________________________________________________________

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-2003-01009 in Executive Session on 6  October  2003,  under  the
provisions of AFI 36-2603:

      Ms. Marilyn Thomas, Vice Chair
      Ms. Barbara R. Murray, Member
      Ms. Ann-Cecile McDermott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Mar 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 16 Apr 03.
    Exhibit E.  Letter, SAF/MRBR, dated 2 May 03.
    Exhibit F.  Letter, AFBCMR, dated 24 Jul 03.




                                   MARILYN THOMAS
                                   Vice Chair

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