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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