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AF | BCMR | CY2006 | BC-2005-03609
Original file (BC-2005-03609.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
03609
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  27 MAY 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions.  In support of his  application  he
submits a letter of character reference.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  9  Apr  73,  for  a
period of four years in the grade of airman basic.

On 24 Oct 73, applicant was tried and convicted by  special  court-
martial for the following offenses:  (1) Being Absent Without Leave
(AWOL) from on or about (o/a) 29 Jun 73 to o/a 15 Aug 73; (2) Being
AWOL from o/a 31 Aug 73 to o/a 16 Sep 73; (3) Theft of property  of
another airman, of a value of less than $50, o/a  22  Sep  73;  (4)
Theft of property of another airman, of a value  between  $100  and
$200, o/a 22 Sep 73; (5) Did o/a 22 Aug 73,  attempt  to  steal  35
hypodermic needles, property of the  United  States;  (6)  Did  o/a
27 Aug 73, wrongfully and unlawfully utter  a  check  for  payment,
knowing that he did not have sufficient funds for payment; and  (7)
Did o/a 18 Sep 73, wrongfully and  unlawfully  utter  a  check  for
payment, knowing that he did not have sufficient funds for payment.


The sentence was adjudged on  24  Oct  73.   He  was  sentenced  to
confinement at hard labor for five months,  forfeiture  of  $100.00
pay per month for five months, and a bad conduct  discharge  (BCD).
On 24 Sep 74, the  Assistant  Staff  Judge  Advocate  approved  and
affirmed the sentence.

Applicant was discharged with a BCD on 27 Sep 74.  He was  credited
with 9 months, and 18 days of active military service (excludes 240
days of lost time due to AWOL and confinement).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, West Virginia, 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,
stating the  discharge  was  consistent  with  the  procedural  and
substantive  requirements  of  the   discharge   regulation.    The
discharge was within the discretion  of  the  discharge  authority.
Applicant did not submit any evidence or  identify  any  errors  or
injustices that occurred in the discharge processing.  He  provided
no facts warranting a change to his character of service.

A complete copy of the Air Force evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant does not have evidence to submit and can not identify any
errors or injustices that occurred in the discharge  processing  in
his case.  The one fact he can provide which would warrant a change
to the character of his service is his adolescence at the time.  He
was 17 years of age and very immature.  The  passage  of  time  has
made him reflect on his ill spent youth.  He appeals for mercy.  He
would like to live out the rest of his life with this black mark on
his character cleared up.  His remorse is genuine and any  leniency
shown will be appreciated (Exhibit F).

On 31 Jan 06, a  copy  of  the  FBI  Report  of  Investigation  was
forwarded to the applicant for review and  comment.   To  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 to timely file.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.   The  applicant’s
discharge had its basis in his  trial  and  conviction  by  special
court-martial.   After  careful  consideration  of  the   available
evidence, we found no indication that the actions taken  to  effect
his discharge were improper or based on factors other than his  own
misconduct.   Likewise,  the  applicant  has  not  shown  that  the
discharge  was  improper  or  that  the  characterization  of   his
discharge was inappropriate under the circumstances.  Based on  his
overall record of service, and in view of the contents of  the  FBI
Report of Investigation, we are not persuaded that  an  upgrade  of
the characterization of his discharge is warranted on the basis  of
clemency.  Therefore, based on the available evidence of record, we
find no basis upon which to favorably consider his request.

__________________________________________________________________

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-
03609  in  Executive  Session  on  22  February  2006,  under   the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Richard K. Hartley, Member
      Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Nov 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 12 Dec 05.
    Exhibit E.  Letter, SAF/MRBR, dated 16 Dec 05.
    Exhibit F.  Letter, Applicant, dated 4 Jan 06.
    Exhibit G.  Letter, AFBCMR, dated 31 Jan 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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