RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01627
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  29 November 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded.

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APPLICANT CONTENDS THAT:

He lived an exemplary life for 50  plus  years.   He  has  never  been
involved with the law.  He does not  drink  nor  use  drugs.   He  has
always been employed.  He still works  part  time  and  is  on  Social
Security.  He thinks 55 years is  long  enough  to  pay  for  youthful
indiscretions.  This has been  the most embarrassing  and  humiliating
experience.

The applicant does not submit any  documentation  in  support  of  the
appeal.

Applicant's submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26 Dec 50.   On  11
Mar 52, he was tried by general court-martial at San Marcos Air  Force
Base, Texas.  He was charged with escape from lawful  confinement  and
writing false checks in violation  of  Articles  95  and  123  of  the
Uniform Code of Military Justice (UCMJ).  Contrary to  his  pleas,  he
was found guilty of all charges and specifications.  He was  sentenced
to a bad conduct discharge, forfeiture of all pay and allowances,  and
confinement for two years.  The general court-martial order notes that
a previous conviction was considered  in  sentencing.   The  convening
authority  reduced  the  length  of  confinement  to  18  months,  but
otherwise approved the sentence as adjudged.

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial.  JAJM states that under 10  USC  Section
1552(f), which amended the basic corrections  board  legislation,  the
AFBCMR’s ability to  correct  records  related  to  courts-martial  is
limited.  Specifically, Section 1552(f) (1) permits the correction  of
a record to reflect actions taken by reviewing authorities  under  the
UCMJ.  Additionally, Section 1552(f) (2)  permits  the  correction  of
records related to action on the sentence of  courts-martial  for  the
purpose of clemency.  Apart from these  two  limited  exceptions,  the
effect of Section 1552(f) is that the AFBCMR is without  authority  to
reverse, set aside, or otherwise expunge  a  court-martial  conviction
that occurred on or after 5 May 1950 (the effective date of the UCMJ).

Furthermore, he has identified no error or injustice  related  to  his
prosecution or the sentence.  The sentence of a bad conduct discharge,
forfeiture of all pay and allowances, and confinement  for  18  months
was well within the legal limits and was an appropriate punishment for
the offenses committed.  While clemency may be granted under 10 U.S.C.
1552(f)(2), it is not warranted in this case.  The passage of time and
the nature of his conduct following his discharge  do  not  excuse  or
mitigate his bad conduct while serving in the military.  A bad conduct
discharge  was  a  proper  sentence  and  properly  characterizes  his
discharge.

JAJM’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 Jun 06 for review and comment within 30 days.   As  of  this  date,
this office has received no response.

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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.   We  note  that  this  Board  is
without authority to reverse, set aside, or otherwise expunge a court-
martial conviction.  Rather,  in  accordance  with  Title  10,  United
States Code, Section 1552(f), actions by this  Board  are  limited  to
corrections to the record to reflect actions taken  by  the  reviewing
officials and action on the sentence  of  the  court-martial  for  the
purpose of clemency.  There is nothing in the evidence provided, other
than the applicant’s unsubstantiated allegations, which would lead  us
to believe that a change to  the  actions  of  any  of  the  reviewing
officials is warranted.  We also find no evidence which indicates that
the applicant’s service characterization, which had its basis  in  his
conviction by general court-martial and was a part of the sentence  of
the military court, was improper or that it exceeded  the  limitations
set forth in the UCMJ.  Furthermore, we  do  not  find  upgrading  the
applicant’s BCD based on clemency is appropriate in this case at  this
time.  In view of the foregoing, we agree with the opinion prepared by
AFLOA/JAJM and adopt their rationale as the  basis  for  our  decision
that the applicant has failed to sustain his  burden  of  establishing
that he has suffered either an error or an injustice.  Accordingly, we
find no compelling basis to recommend favorable consideration of  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  this  application  in
Executive Session on 17 August 2006, under the provisions of  AFI  36-
2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Mr. Joseph D. Yount, Member
                 Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 30 May 06.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFLOA/JAJM, dated 9 Jun 06.
      Exhibit D. Letter, SAF/MRBR, dated 16 Jun 06.




                             MICHAEL K. GALLOGY
                             Panel Chair