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AF | BCMR | CY2004 | BC-2003-03691
Original file (BC-2003-03691.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03691
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:

      XXXXXXX    HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was told his discharge would be favorably  upgraded  five  years
after his discharge.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 June 1952  for  a
period of four years.  His highest  grade  held  was  airman  third
class (A3C/E-2).  Applicant’s grade at time of discharge was airman
basic (AB/E-1).

On 2 Feb 53, applicant was convicted by Special  Court-Martial  for
being absent without leave (AWOL) from 24 Nov 52 to 24 Dec 52.  His
punishment consisted of two months of  confinement  at  hard  labor
(suspended for six months), and forfeiture of $50 per month for two
months.

On 12 Oct 53, he was convicted by Summary Court-Martial for failure
to repair  on  3  and  5  Oct  53.   His  punishment  consisted  of
restriction to the limits of the base for 45 days and forfeiture of
$30.

On 13 Oct 53, he received an Article 15 for failure  to  repair  in
Dining Hall Number 7, on or about 29 Sep 53.  He was reduced to the
grade of basic airman.

On 7 Nov 53, he was convicted by Summary Court-Martial for breaking
restriction on or about 31 Oct 53.   His  punishment  consisted  of
forfeiture of $28.

On 26 Jan 54, applicant was  discharged  under  the  provisions  of
AFR 39-17, with service characterized as under other than honorable
conditions and issued an undesirable discharge.   He  was  credited
with 1 year, 3 months, and 10 days of active duty service (excludes
124 days lost time due to being AWOL and confinement).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, provided an investigative
report which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
available documentation in  the  file,  they  found  the  discharge
consistent with the procedural and substantive requirements of  the
discharge  directives  in  effect  at  the   time   of   discharge.
Additionally, the discharge was within the sound discretion of  the
discharge authority.  They also noted applicant did not submit  any
new evidence or identify any errors or injustices that occurred  in
the discharge processing and provided no other facts warranting  an
upgrade of the discharge.

A complete copy of the 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 19 Dec 03 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit E).

On 30 Jan 04, a copy  of  the  FBI  report  was  forwarded  to  the
applicant for comment.   At  that  time,  the  applicant  was  also
invited to provide additional evidence pertaining to his activities
since leaving the  service  (Exhibit  F).   As  of  this  date,  no
response has been received by this office.

___________________________________________________________________

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.   After  careful
consideration of the evidence of record, we found no evidence  that
the actions taken to effect the applicant’s discharge were improper
or contrary to the  provisions  of  the  governing  regulations  in
effect at the time, or that the  actions  taken  against  him  were
based on factors other than  his  own  misconduct.   Based  on  his
overall record of service, and in view of the contents of  the  FBI
Report of Investigation, we are not persuaded that  an  upgrade  of
the characterization of his discharge is warranted.   Having  found
insufficient evidence of an error or injustice with regard  to  the
actions that occurred while the applicant was a military member, we
conclude that no basis exists to  grant  favorable  action  on  his
request.

___________________________________________________________________

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-2003-03691 in Executive Session on  18  March  2004,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Grover L. Dunn, Member
      Mr. Richard A. Peterson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 10 Dec 03, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 19 Dec 03.
    Exhibit F.  Letter, AFBCMR, dated 30 Jan 04, w/atchs.





                                   THOMAS S. MARKIEWICZ
                                   Chair

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