RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03382
            INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXX      COUNSEL:  NONE

      XXXXXXXXXXXXXXXXX      HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  8 MAY 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he received unfair treatment,  was  discriminated  against
and the Air Force violated numerous regulations.

In support of his request, the applicant provides DD Form 214,  Report
of Separation from the Armed Forces of the United States and  DD  Form
293, Application for the Review of Discharge from the Armed Forces  of
the United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
22 August 1952 for a term of 4 years.

He was convicted by Special  Court-Martial  (SPCM)  Order  Number  31,
dated 3 April 1953, for on or  about  17 March  1953,  without  proper
authority, through neglect destroy,  by  throwing  a  shoe  through  a
window pane, a window pane of value of about $2.50, military  property
of the United States;  on  or  about  17  March  1953,  assaulting  an
individual by striking at him with his fist and on or about  17  March
1953, disorderly in quarters.  He was sentenced to confinement at hard
labor for thirty days and forfeiture for $55.00 per  month  for  three
months

On 7 October 1953, the applicant was convicted by  SPCM  Order  Number
479, dated 7 October 1953, for  on  or  about  31 July  1953,  without
proper authority, through neglect  damage  by  negligently  driving  a
vehicle off the road and turning it over, a Chevrolet Carryall, United
States Air Force  Number  20884928,  of  a  value  of  about  $450.00,
military property of the United States, the amount of damage being  in
the sum of $440.00 and on or about 7 August  1953,  having  been  duly
restricted to the limits of 3535th Motor Vehicle Squadron area,  break
said restriction.  He was sentenced to confinement at hard  labor  for
one month and forfeiture of $50.00.

The applicant was convicted by  a  SPCM  for  unlawfully  striking  an
individual in the face and body with his fist.  He was sentenced to  a
bad conduct discharge, confinement at hard labor for three months  and
forfeiture of $55.00 per month for  three  months.   The  staff  judge
advocate reviewed the record of trial and recommended the sentence  be
approved.  The sentence was affirmed by SPCM Order Number  269,  dated
14 September 1954.  Applicant was  separated  on  24  September  1954,
under the provisions of AFR 39-18, Enlisted Personnel Dishonorable  or
Bad Conduct Discharge, with a BCD.  He served 1 year, 6 months and  11
days on active duty.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 9 March 2006, that on the  basis  of  the
data furnished they were unable to locate an arrest record.   (Exhibit
F.)

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states based on the documentation
on file in the master personnel records, the discharge was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation.  The discharge was within the discretion of the  discharge
authority, the applicant did not submit any new evidence  or  identify
any errors or injustices that occurred in  the  discharge  processing,
nor did he provide any facts warranting a change to his  character  of
service.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states if the current regulations were  applied  in  his
case he believes he would not be looked upon favorably by  the  board.
However, if the Board reflects back to the past it may



realize how racism,  discrimination  and  laws  and  regulations  were
applied differently for whites and blacks.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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. Evidence has  not  been  provided  to  show  that  the  applicant's
discharge was erroneous or unjust. The applicant's discharge was based
on his Special Court-martial conviction.  While we  are  precluded  by
law from reversing a court-martial conviction, we  are  authorized  to
correct the records to reflect actions taken  by  reviewing  officials
and to take action on the  sentence  of  a  military  court  based  on
clemency. We  have  considered  the  applicant’s  overall  quality  of
service, the events which precipitated the discharge and  the  absence
of   evidence   related   to   his   post-service    activities    and
accomplishments.  There is nothing in the available record that  would
cause us to disturb the actions of the  reviewing  officials  in  this
case.

_________________________________________________________________

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-2005-
03382 in Executive Session on 19 April 2006, under the  provisions  of
AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Mr. Michael M. Novel, Member
                 Ms. Jan Mulligan, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Jan 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 12 Jan 05.
      Exhibit D. Letter, SAF/MRBR, dated 20 Jan 06.
      Exhibit E. Letter, Applicant, dated 16 Feb 06.
      Exhibit F. FBI Report, dated 3 Mar 06.





      CHARLENE M. BRADLEY
      Panel Chair