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AF | BCMR | CY2006 | BC-2006-00279
Original file (BC-2006-00279.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00279
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  1 AUG 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general  (under  honorable
conditions).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been given a general discharge.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  21  Mar  56  for  a
period of four years in the grade of airman basic (AB/E1).  He  was
promoted to the rank of airman third class with an  effective  date
and date of rank of 9 Jun 56.

On 8 Oct 56, applicant was tried in a civil court on the charges of
assault and battery with intent to kill.  He  pled  guilty  to  the
charges.  He was convicted and  sentenced  to  confinement  in  the
State Penitentiary at hard labor for a period of three years.

On 9  Oct  56,  the  Assistant  Adjutant  initiated  administrative
discharge action against the applicant by reason of  conviction  by
civil court.

On 15 Oct 56,  the  discharge  authority  approved  an  undesirable
discharge  and  directed   that   the   applicant   be   issued   a
DD Form 258AF, “Undesirable Discharge Certificate.”

On 17 Oct 56, he was discharged under the provisions of AFR  39-22,
by  reason  of  conviction  of  civil  court  and  was  issued   an
undesirable discharge certificate.  He was credited with  6  months
and 4 days of active duty service (excludes 23 days lost  time  due
to confinement).

Pursuant  to  the  Board’s   request,   the   Federal   Bureau   of
Investigation, Clarksburg, WV, indicated on 7 Apr 06, that, on  the
basis of data furnished, they are unable to locate an arrest record
(Exhibit E).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended applicant’s request be denied.  Based  on
documentation in the file, they found the discharge consistent with
the  procedural  and  substantive  requirements  of  the  discharge
regulation.  Additionally,  the  discharge  was  within  the  sound
discretion of the discharge authority.  They also  noted  applicant
did not submit any evidence or identify any  errors  or  injustices
that occurred in the discharge processing  and  provided  no  other
facts warranting a change to her character of service.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 24 Feb 06 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

On 18 Apr 06, applicant was invited to provide additional  evidence
pertaining to his activities since leaving the service (Exhibit F).
 As of this date, no response has been received by this office.

___________________________________________________________________

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  discharge
appears to be in compliance with the governing  directives  and  we
find no evidence to indicate that his separation from the Air Force
was inappropriate.  We find no evidence of error in this  case  and
after  thoroughly  reviewing  the  documentation  that   has   been
submitted in support of applicant's appeal, we do  not  believe  he
has suffered from an injustice.  In addition, based on his  overall
record of service and the absence of evidence related to his  post-
service activities and accomplishments, we are not  persuaded  that
an upgrade of the characterization of his discharge is warranted on
the basis of clemency.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issues  involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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-2006-00279 in Executive  Session  on  24  May  2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Reginald P. Howard, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jan 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 15 Feb 06.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 06.
    Exhibit E.  FBI Report, dated 7 Apr 06.
    Exhibit F.  Letter, AFBCMR, dated 18 Apr 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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