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AF | BCMR | CY2004 | BC-2004-02112
Original file (BC-2004-02112.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-02112
            INDEX NUMBER: 123.06

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The lost time due to his being Absent Without Official Leave (AWOL)  and  in
confinement, be changed to normal duty status.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

During the period in question, he was 19 years old, young, and foolish.   He
was on leave with a friend who was AWOL.  They reported to  a  base  and  he
was not AWOL until the next morning.  However, they  were  arrested  by  the
military police and court-martialed.  He is now 65 years old and would  like
to have his DD Form 214,  Armed  Forces  of  the  United  States  Report  of
Transfer or Discharge, and name cleared for the sake of his family.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment with the Regular Air Force on  3  August
1956.  He was AWOL from his duty station from 6 April 1958 to 8 April  1958.
 On 22 April 1958, he was convicted by a summary court-martial of  violating
Article 86 (AWOL) of the Uniform Code  of  Military  Justice  (UCMJ),  after
pleading guilty to the charge.  He was  sentenced  to  confinement  at  hard
labor for 30 days.  He was released from active duty on  29  July  1960  and
transferred to the Air Force Reserve.  He completed 3 years, 10 months,  and
22 days, which excludes 35 days of lost time (AWOL: 6 Apr 58 - 8 Apr  58  (3
days) & Confinement: 22 Apr 58 - 23 May 58 (32  days)).   He  was  honorably
discharged from the Air Force Reserve on 2 August 1962.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/JA recommends the application be denied as  untimely;  however,  should
be Board excuse the applicant’s failure to timely file, his  request  should
be denied on the merits.  AFPC/JA states, in part, that while  they  can  be
sympathetic to the mistake the applicant made decades  ago  when  he  was  a
young man, the actions taken against  him  were  appropriate.   He  accepted
trial by a summary court-martial and pled  guilty  to  the  charges  against
him.  Further, he  successfully  completed  his  term  of  service  and  was
honorably discharged two years after his court-martial.

The AFPC/JA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 22 October 2004 for review and response within 30 days.  However,  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 error or injustice.  After thoroughly  reviewing  the  evidence
of record and  noting  the  applicant’s  complete  submission,  we  find  no
evidence of error or injustice.  In this respect,  we  note  that  applicant
pled  quilty  to  summary  court-martial  charges  of  being  AWOL  and  was
sentenced to confinement.  As a result of his  AWOL  status  and  period  of
confinement, he had 35 days of lost time which  was  documented  on  his  DD
Form  214,  Armed  Forces  of  the  United  States  Report  of  Transfer  or
Discharge, at the time of his release from  active  duty.   It  appears  the
applicant was afforded all the rights to which entitled and has provided  no
evidence to indicate that his  lost  time  has  been  recorded  incorrectly.
There being insufficient evidence to the contrary,  we  find  no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________



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-2004-02112
in Executive Session on 7 December 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. James W. Russell, III, Member
                       Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 May 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/JA, dated 14 Oct 04.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.




                                   RICHARD A. PETERSON
                                   Panel Chair

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