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AF | BCMR | CY2003 | BC-2003-01388
Original file (BC-2003-01388.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01388
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  undesirable  discharge  be  upgraded  to  a  general  (under  honorable
conditions) or an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He entered the Air Force at the age of 17½  years.   He  indicates  that  he
only had an eighth grade education and was not prepared for the world.

In support of his appeal, the applicant provided a copy  of  his  Enlistment
or  Induction  Record,  Record  of  Trials  by  Courts  Martial,  and  other
documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Portions of the applicant's military personnel  records  were  destroyed  by
fire in 1973 at the National Personnel Record Center (NPRC)  in  St.  Louis,
Missouri.  The available records indicate the following.

The applicant enlisted in the Army Air Corps on  5  September  1947  in  the
grade of private for a period of three years.

On 9 September 1948, the applicant was convicted by a special  court-martial
for the following offense:

Specification:  The applicant did without proper leave, absent himself  from
his organization and station from on or about 25 May 1948 to on or about  11
July 1948.

The applicant was found guilty of the specification.  He  was  sentenced  to
confinement at hard labor for one month  and  a  forfeiture  of  $50.00  per
month for one month.

The sentence was approved on 9 September 1948.
On 10 January 1951, the applicant was convicted by a  summary  court-martial
for the following offense:

Charge:  Violation of the 61st Article of War.

Specification:  He did without proper leave, absent himself from  his  place
of duty from about 3 January 1951 to about 7 January 1951.

The applicant was found guilty of the  specification  and  charge.   He  was
sentenced to confinement at hard labor for  20  days  and  a  forfeiture  of
$59.00.

The sentence was approved on 11 January 1951.

On 21 January 1951, Special Orders #6 indicates that the sentence was  found
excessive and so much of the sentence as exceeded confinement at hard  labor
for 20 days and forfeiture of $58.00 was vacated.

On 16 February 1951, the applicant was convicted by a summary  court-martial
for the following offenses:

Charge I:  Violation of the 61st Article of War.

Specification I:  The applicant did without  proper  leave,  absent  himself
from his duty, from about 10 February 1951 to about 13 February 1951.

Charge II:  Violation of the 96th Article of War.

Specification II:  The applicant having been restricted  to  the  limits  of
Itazuke Air Base, did, on or about 10 February 1951, break said  restriction
by going to Fukuoka, Japan.

The applicant was found guilty of all specifications and  charges.   He  was
sentenced to confinement at hard labor for  30  days  and  a  forfeiture  of
$58.00.

The sentence was approved on 17 February 1951.

On 10 April 1951, the applicant was convicted  by  a  summary  court-martial
for the following offense:

Charge:  Violation of the 61st Article of War.

Specification:  The applicant did without proper leave, absent himself  from
his duty, from about 2300 hours 5 April 1951 to about  0530  hours  7  April
1951.

The applicant was found guilty of the  specification  and  charge.   He  was
sentenced to confinement at hard labor for  30  days  and  a  forfeiture  of
$63.00.

The sentence was approved on 10 April 1951.

On 9 June 1951, the applicant was convicted by a summary  court-martial  for
the following offense:

Charge:  Violation of the Uniform Code of Military Justice, Article 86.

Specification:  The applicant did without proper leave, absent himself  from
his organization, and did remain so absent until on or about 8 June 1951.

The applicant was found guilty of the  specification  and  charge.   He  was
sentenced to confinement at hard labor for  30  days  and  a  forfeiture  of
$50.00.

The sentence was approved on 12 June 1951.

The discharge file is not available for review.

On 12 July 1951 the applicant was discharged in the grade  of  private  with
an undesirable discharge, under the provisions of AFR 39-17.   He  served  3
years, 4 months, and 28 days total active service  with  160  days  of  lost
time.

A Federal Bureau of Investigation, dated 1 May 1966  indicates  that  on  11
January 1956 the applicant was arrested and charged for a lewd and  indecent
act.  He was sentenced to 30 days confinement.   On  7  March  1956  he  was
charged with violation of the Mann Act.  He received three years  probation.
 On 14 March 1956 he was charged with the White Slave Traffic  Act  and  was
sentenced to three years probation.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, they indicated that they were unable to  identify
with an arrest record on the basis of information furnished - Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that based upon  the  limited
documentation in the file, they believe the discharge  was  consistent  with
the procedural and substantive requirements of the discharge  regulation  in
effect at the time.  Additionally, the discharge was within  the  discretion
of the discharge authority.  The applicant did not submit any  new  evidence
or identify  any  errors  or  injustices  that  occurred  in  the  discharge
processing.  He provided no facts warranting an upgrade  of  his  discharge.
He did not file a timely request.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 May 2003, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

On 4 August 2003, the Board staff  requested  the  applicant  provide  post-
service documentation within 14 days.  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  an  error  or  injustice.   Based  upon  the  presumption  of
regularity in the conduct of governmental affairs and  without  evidence  to
the contrary, we must assume that the applicant's discharge was  proper  and
in  compliance  with  appropriate  directives.   Therefore,  based  on   the
available evidence of record, we find  no  basis  upon  which  to  favorably
consider this application.

4.    Although the applicant  did  not  specifically  request  consideration
based  on  clemency,  we  also  find  insufficient  evidence  to  warrant  a
recommendation that the discharge be upgraded  on  that  basis.   While  the
current FBI is clean, a previous FBI reflects misconduct subsequent  to  his
discharge.  Therefore, based on the evidence of record, we  cannot  conclude
that clemency is warranted.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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-
01388 in Executive Session on 4 September 2003 under the provisions  of  AFI
36-2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Ms. Nancy Wells Drury, Member
                 Mr. Robert H. Altman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 April 2003, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report - Negative.
   Exhibit D.  Letter, AFPC/DPPRS, dated 19 May 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 30 May 2003.
   Exhibit F.  Letter, AFBCMR, dated 4 August 2003, w/atch.





                                   PATRICIA D. VESTAL
                                   Panel Chair

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