RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
01912
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  17 DECEMBER 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

He has been a probation officer for the last 11 years.  His  record
has been good since leaving the Air Force and he has no arrests.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  1  Sep  55,  for  a
period of four years, in the grade of airman  basic.   His  highest
grade held was airman third class.

On 13 Mar 56, applicant was tried and convicted by  special  court-
martial for being Absent Without Leave  (AWOL)  from  on  or  about
12 Dec 55 to 11 Jan 56 and from on or about 2 Feb 56 to 9  Feb  56.
He was sentenced to confinement  at  hard  labor  for  six  months,
forfeiture of $20.00 pay per month for  six  months,  reduction  in
grade to airman basic, and a bad conduct discharge (BCD) which  was
suspended until his release from confinement.  On 30  Mar  56,  the
Board of Review, United States Air Force, approved and affirmed the
findings of guilty and the sentence.

Applicant was discharged with a BCD on 13 Aug 56, in the  grade  of
airman basic.  He was credited with 3 months and 10 days of  active
military service (excludes 243 days of lost time due to confinement
and AWOL).

Pursuant to the request of the Board on 9 August 2005, the  Federal
Bureau of Investigation, Clarksburg, WV,  provided  a  copy  of  an
investigation report, which is attached at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They stated, in part, that the discharge was  consistent  with  the
procedural  and   substantive   requirements   of   the   discharge
regulation.   The  discharge  was  within  the  discretion  of  the
discharge authority.  They also noted the applicant did not  submit
any evidence or identify any errors that occurred in the  discharge
processing.   Additionally,  the  applicant   provided   no   facts
warranting a change to his character of service.

The complete Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 Aug 05, the AFBCMR staff offered the applicant an opportunity
to provide information pertaining to his activities  since  leaving
the service.  The  applicant  responded  with  a  personal  letter,
letters of character reference from a judge,  a  former  co-worker,
and an acquaintance of 35 years.  On 29 Aug 05, the Board  received
an additional letter of character reference from a friend.

Applicant’s complete response is at Exhibit G.

In response to the FBI Report of  Investigation,  applicant  states
his company sends fingerprint cards to the Judicial  Council  every
few years, and his came back last month with the  same  information
about an arrest for theft on 13  Nov  62,  in  XXXXXXXXX,  LA.   He
provides a statement from the  XXXXXXXXXXXXXXXX  Sheriff’s  Office,
indicating they were unable to locate a  bill  with  the  Clerk  of
Court,  and  no  information  on  this  arrest  could  be  located.
(Exhibit I).

___________________________________________________________________

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.  After a thorough review of the evidence of  record  we  see  no
evidence to show that the applicant’s discharge  was  erroneous  or
unjust.   However,  we  recognize  the  adverse   impact   of   the
applicant’s discharge; and while it may have  been  appropriate  at
the time, we believe it would be an injustice for the applicant  to
continue to suffer its effects.  From the  documentation  submitted
in support of his appeal, it  appears  the  applicant  has  been  a
responsible citizen and productive  member  of  society  since  his
separation.    Therefore,   we   believe   an   upgrade   of    the
characterization of  his  discharge  to  general  (under  honorable
conditions) is warranted on the basis of clemency.  Accordingly, we
recommend that his records be corrected as indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that on 13 August 1956,
he was discharged with  service  characterized  as  general  (under
honorable conditions).

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-01912 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

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 9 Jun 05, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, AFPC/DPPRS, dated 6 Jul 05.
     Exhibit E.  Letter, SAF/MRBR, dated 15 Jul 05.
     Exhibit F.  Letter, AFBCMR, dated 10 Aug 05, w/atch.
     Exhibit G.  Letter from Applicant, undated, w/atchs.
     Exhibit H.  Letter, AFBCMR, dated 26 Aug 05.
     Exhibit I.  Letter from Applicant, undated, w/atchs.




                                   JOSEPH G. DIAMOND
                                   Panel Chair



AFBCMR BC-2005-01912




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to [APPLICANT] be corrected to show that on 13
August 1956, he was discharged with service characterized as
general (under honorable conditions).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency