RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01051
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  31 AUG 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded.

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APPLICANT CONTENDS THAT:

When he was absent without leave (AWOL) it was not wartime.   He  went
AWOL because he requested and was  refused  overseas  duty.   All  the
other members in his platoon were sent overseas.  He was AWOL  for  10
days.  He returned to face his punishment.  He believes  he  has  paid
his debt to the military.  He would like his discharge upgraded before
his death.  He has always wanted  his  discharge  upgraded  but  never
thought it was possible until a friend told him he could.  He is sorry
for what he did and is seeking mercy.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF)  as  an  basic
airman on 15 January 1953 for a period of four (4) years.

On 14 July 1953, the applicant received an Article 15 for  failure  to
repair to school on 10 July 1953.  For this misconduct, his punishment
consisted of reduction in  rank  from  airman  third  class  to  basic
airman.

The applicant was tried and found guilty by a Special Court-Martial on
17 November 1953 for being absent without  leave  from  5 August  1953
through 18 October 1953.  In accordance with
Special Court-Martial Order  No.  762,  dated  7  December  1953,  his
punishment consisted of  six  months  confinement  and  forfeiture  of
$55.00 a month for six months.  The convening authority approved  four
months confinement and a fine of  $25.00  a  month  for  four  months.
Special Court-Martial Order No. 38, dated 18 February  1954,  remitted
the unexecuted portion of the applicant’s punishment.

On 7 May 1954, the applicant was found  guilty  by  a  Summary  Court-
Martial for being AWOL from 2 April 1954 through 19 April  1954.   His
punishment consisted of confinement for  30  days  and  forfeiture  of
$25.00 of pay.

The applicant was tried and found guilty by a Special Court-Martial on
21 July 1954 for being AWOL from 2 July 1954 through 12 July 1954.  In
accordance with Special Court-Martial Order No.  173,  dated  26  July
1954, his punishment consisted of a BCD, confinement for three  months
and forfeiture of $25.00 of pay  for  three  months.   Special  Court-
Martial Order No. 224, dated 1 October 1954, affirmed the  applicant’s
sentence.

The applicant was discharged on 20 October 1954 under  the  provisions
of AFR 39-18 and Special Court-Martial Order  No.  224,  with  service
characterized as bad conduct.  He served  8  months  and  25  days  of
active duty and had 371 days of lost time.

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

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AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not  submitted  any  evidence  nor
identified any errors or injustices that occurred in the processing of
his discharge.  Based upon the documentation  in  the  servicemember's
file, they believe his discharge was consistent  with  the  procedural
and substantive requirements of  the  discharge  regulations  of  that
time.  Also, the discharge was within  the  sound  discretion  of  the
discharge authority.  The applicant did not provide any other facts to
warrant an upgrade of his discharge.  Based  on  the  information  and
evidence provided they recommend the request be denied (Exhibit D).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 April 2005, for review and response.  As of this date, no  response
has been received by this office.

On 9 May 2005,  the  Board  staff  requested  the  applicant  provided
documentation regarding his activities since leaving military service.
 The applicant, as of this date, has not responded (Exhibit F).

On 26 May 2005, the Board staff forwarded the applicant a copy of  FBI
report for review and response.  As of this date, no response has been
received by this office (Exhibit G).

_________________________________________________________________

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 of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After thoroughly  reviewing  the
evidence of record, we find no evidence to show  the  applicant’s  bad
conduct discharge as a result of  his  conviction  by  special  court-
martial was erroneous or unjust.  Therefore, we are in agreement  with
the assessment of the  Air  Force  office  of  primary  responsibility
concerning the sentence in  this  case.   While  we  would  ordinarily
review a case for clemency, we note the absence  of  evidence  by  the
applicant attesting to a successful transition to civilian  life.   In
view of the contents of the FBI report, the applicant appears to  have
continued his misconduct after leaving the service.  Therefore, we are
not persuaded to extend  clemency  in  this  case.   In  view  of  the
foregoing, we conclude that no basis exists to recommend granting  the
requested relief.

_________________________________________________________________

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-
2005-01051 in Executive Session on 6 July 2005 under the provisions of
AFI 36-2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Ms. Patricia A. Robey, Member
                 Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 Apr 05, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 18 Apr 05.
   Exhibit E.  Letter, SAF/MRBR, dated 22 Apr 05.
   Exhibit F.  Letter, AFBCMR, dated 9 May 05, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 26 May 05.




                                        B. J. WHITE-OLSON
                                        Panel Chair