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AF | BCMR | CY2006 | BC-2006-00138
Original file (BC-2006-00138.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00138
            INDEX CODE 106.00
            COUNSEL:  NONE

XXXXXXX     HEARING DESIRED:  NO


MANDATORY COMPLETION DATE: 16 JULY 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his court-martial and discharge was unjust because he  was
a  security  policeman.  He  was  not  allowed  to   continue   paying
restitution of checks written  for  insufficient  funds.  His  records
alone tell of his character. He was not told about rehabilitation,  or
allowed to continue to pay restitution to the bank. He feels if he was
not in security, he would not have been court-martialed,  but  because
he was, he feels he was made an example of, and should have been given
the opportunity to stay in the Air Force.

In support of his application, applicant provides a personal letter.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22  May  1973  and  was
progressively promoted to the grade of sergeant.

A special court-martial convicted the applicant of five specifications
of wrongfully and unlawfully writing checks with insufficient funds in
his checking  account.  Applicant  was  sentenced  to  a  bad  conduct
discharge and reduced to the grade of airman basic. The  sentence  was
affirmed by Special Court-Martial Order  Number  39,  dated  20  April
1977.

The applicant was separated from the Air Force 22 April 1977 under the
provisions of AFR 39-12,  Separation  for  Unsuitability,  Misconduct,
Resignation, or Request for Discharge for  Good  of  the  Service  and
Procedures for the Rehabilitation Program  and  Special  Court-Martial
Order Number 14, with a bad conduct discharge.  He  served  on  active
duty for a period of 3 years, 8 months, and     16 days.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial  and  stated  that  based   upon   the
documentation  on  file  in  the  available  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.  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.

AFPC/DPPRS’s complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 3 February 2006, for review and comment within  30  days.
As of this date, no response has been received by this office.

A copy of the FBI was forwarded to the applicant on 18 April 2006, for
review and comment within 14 days.

_________________________________________________________________

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 an error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we  are  not  persuaded
that any corrective action is warranted.  We therefore agree with  the
recommendations of the Air Force and adopt the rationale expressed  as
the basis for our decision that the applicant has  failed  to  sustain
his burden of having suffered either an error  or  an  injustice.   No
evidence has been submitted which would lead us to  believe  that  the
characterization of his service was improper.  In addition, in view of
the contents of the FBI Report of Investigation, we are not  persuaded
that an upgrade of the characterization of his discharge to general 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 AFBCMR Docket Number BC-
2006-00138 in Executive Session on 4 May 8, 2006, under the provisions
of AFI 36-2603:

       Mr. Wayne R. Gracie, Panel Chair
       Mr. Alan A. Blomgren, Member
       Ms. BJ White-Olson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 06, w/atch.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 26 Jan 06.
      Exhibit D.  FBI Report, dated 23 Mar 06.
      Exhibit E.  Letter, SAF/MRBR, dated 3 Feb 06.
      Exhibit F.  Letter, AFBCMR, dated 18 May 06.




                                   WAYNE R. GRACIE
                                   Panel Chair

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