RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01672
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  DVA

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  23 NOV 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to general  (under  honorable
conditions).

___________________________________________________________________

APPLICANT CONTENDS THAT:

After all these years he needs to try to get his discharge upgraded
to acceptable standards.  He does not have much time left and would
like to have his discharge changed before  he  leaves  this  earth.
This is his final request.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  16  Jul  52  for  a
period of four years in the grade of airman basic.

On 30 Jan 53, applicant was convicted by Summary Court-Martial  for
wrongfully and willfully discharging a firearm on the B-47  parking
ramp, on or about (o/a) 25 Jan 53, under circumstances such  as  to
endanger human  life.   For  this  offense,  he  was  sentenced  to
forfeiture of $50 and confinement at hard labor (CHL) for 30 days.

On 29 Oct 53, applicant was convicted by Special Court-Martial  for
stealing three shirts, o/a 10 Jul 53, of a total value  of  $10.20;
for wrongfully appropriating a red sport shirt, o/a 5 Aug 53, of  a
value of $4; for wrongfully appropriating a government vehicle, o/a
4 Sep 53, of a value of $1238.11,  and  for  being  absent  without
leave (AWOL) from o/a 10 Oct 53 until 15  Oct  53.   Applicant  was
found guilty of  all  charges  except  wrongfully  appropriating  a
government vehicle.  He was sentenced to CHL  for  six  months  and
forfeiture of $55 per month for six months.

On 13 Dec 55, applicant was convicted by Summary Court-Martial  for
being AWOL from o/a 1 Dec until 3 Dec 55.  For this offense he  was
restricted to the limits of the base for 18 days and forfeiture  of
$19.

On 4 May 56, applicant was convicted by Special  Court-Martial  for
two specification of stealing military  pay  certificates  totaling
$23.80.  His sentence consisted of a bad conduct  discharge  (BCD),
forfeiture of $65 per month for six months, and CHL for six months.
 The sentence was adjudged on 8 May 56 and affirmed on 25 Sep 56.

On 4 Oct 56, applicant was discharged with a bad conduct  discharge
in the grade of  airman  basic.   He  was  credited  with  3 years,
3 months, and 3 days of active duty service (excludes 346  days  of
lost time due to 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 reviewed this  application  and  recommended  denial.
Based on the documentation on file in the master personnel  record,
they  found  the  discharge  consistent  with  the  procedural  and
substantive   requirements    of    the    discharge    regulation.
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  a
change to his character of service.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states  that  he  has  no  recollection  at  all  of  the
incidents in 1960 cited on the FBI Report.  After a  few  “run-ins”
with the law, he has served his time, and the best way to  describe
it is he woke up.  He has settled down with his wife of  41  years,
raised a family, and held a job until he retired after 20 years  of
outstanding  service.   He  cannot  change  his  brief  period   of
rebellion that he truly regrets, but has lived an honest life after
his time served.

Applicant’s complete response is at 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 to timely file.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.   The  applicant’s
submission was thoroughly reviewed, and his contentions  were  duly
noted.   However,  we  do  not  find  his  submission  sufficiently
persuasive to override the rationale provided  by  the  Air  Force.
The evidence of record indicates the  applicant  was  convicted  by
numerous courts-martial for  discharging  a  fire  arm,  twice  for
stealing, and for being absent without leave (AWOL).   No  evidence
has been  presented  which  would  lead  us  to  believe  that  the
applicant’s  service  characterization  was  improper.   Therefore,
based on his overall record of service, the numerous courts-martial
which precipitated his discharge, the contents of the  FBI  report,
and the absence of evidence related to his post-service  activities
and accomplishments, we are not persuaded that an  upgrade  of  the
characterization of his discharge is  warranted  on  the  basis  of
clemency.

___________________________________________________________________

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-2005-01672 in Executive Session on 21 September 2005, under  the
provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Charlie E. Williams Jr., Member
      Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 7 Jun 05.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Jun 05.
    Exhibit F.  Letter, AFBCMR, dated 12 Jul 05.
    Exhibit G.  Letter, Applicant, dated 25 Jul 05.




                                   JOSEPH G. DIAMOND
                                   Panel Chair