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AF | BCMR | CY2004 | BC-2004-01413
Original file (BC-2004-01413.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01413
            INDEX CODE:  106.00, 110.02
            COUNSEL:

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his trial was impartial and discriminating.   His  counsel
failed to report that he  was  suffering  from  alcoholism,  which  he
believes was a crucial part of his case.

In support of his request, applicant provided a personal statement, DD
Form 214, Certificate  of  Release  or  Discharge  from  Active  Duty,
Training Certificates, Robins Rev-Up Newspaper  Article,  5  Character
Reference Letters, 3 Achievement Certificates, 10 Year Driving  Record
and a Personal Resume.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered into the Air Force on 30 November 1978, and  was
progressively promoted to the grade of sergeant.

He was tried at a special court-martial on  6  August  1982.   He  was
charged with one specification of stealing  $30.00,  the  property  of
another individual, in violation of Article 121, UCMJ.  He pled guilty
to the charge and specification, and was found guilty.   The  military
judge sentenced him to a BCD and reduction to the grade of E-1.  On 17
September 1982, the  convening  authority  approved  the  sentence  as
adjudged and the court martial was affirmed on 4 February 1983.

The applicant was separated from the Air Force  on  4  February  1983,
under special court martial Order #10 with a BCD.  He served 4  years,
2 months, and 6 days on active duty.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided a copy of an Investigation Report  pertaining
to the applicant, which is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon the documentation on file in
the master personnel records, the discharge was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
The discharge was within the discretion of  the  discharge  authority.
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 in his discharge.

The 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  and
his counsel on 1 July 04, for review and comment within 30  days.   As
of this date, this office has received no response.

On 9 August 2004, a copy of  the  FBI  Report  was  forwarded  to  the
applicant for review and response within 15 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.  After  careful  consideration
of the available evidence, we found no  indication  that  the  actions
taken to affect  his  discharge  were  improper  or  contrary  to  the
provisions of the governing regulations in effect at the time, or that
the actions taken against the applicant were based  on  factors  other
than his own misconduct.  Therefore, we agree  with  the  opinion  and
recommendation of the Air Force office of primary  responsibility  and
adopt their rationale  as  the  basis  for  our  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  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 Docket  Number  BC-2004-
01413 in Executive Session on 14 September 2004, under the  provisions
of AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. James W. Russell III, Member
                 Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Jan 04.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 23 Jun 04.
      Exhibit D. Letter, SAF/MRBR, dated 1 Jul 04.
      Exhibit E. Letter, AFBCMR, dated 9 Aug 04.
      Exhibit F. Letter, FBI Report, dated 26 Jul 04.






      OLGA M. CRERAR
      Panel Chair

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