RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00909
                                        INDEX CODE:  106.00

      XXXXXXX                           COUNSEL:  NONE

                                        HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 Sep 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1974 bad conduct discharge (BCD) be upgraded to general.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He understood at the time of his separation  his  discharge  would  be
automatically upgraded to general after five years.  He  wants  to  be
eligible for Department of Veterans Affairs (DVA) benefits.

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


_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 May 73, and  was
assigned to the 449th Transportation Squadron at Kincheloe AFB, MI, as
a vehicle operator/dispatcher.

On 21 Mar 74, the applicant received  nonjudicial  punishment  in  the
form of forfeiture of $50.00, 15 days of extra duty, and  a  reduction
in grade from airman to airman basic suspended until  15 Sep  74,  for
disobeying a lawful order not to have visits of the  opposite  sex  in
dorm rooms from 2300 to 1000  hours,  on  or  about  13 Mar  74.   The
applicant submitted no matters for consideration and did not appeal.

On 8 Apr 74, the applicant absented himself without leave (AWOL) until
apprehended by civilian authorities  on  17 Apr  74  pending  a  civil
charge of  breaking  and  entering.   He  was  placed  in  a  military
detention center on 19 Apr 74.

On 1 May 74, the punishment imposed by the 21 Mar 74  Article  15  was
set aside and all rights were restored.

Special Court-Martial (SCM) Order No 84, dated 31 May 74, reflects the
applicant was convicted on 22 Apr 74 by SCM of absenting himself  from
authority on or about 8 Apr 74 until on or about 17 Apr 74, unlawfully
entering the Army and Air Force Exchange Service store with intent  to
commit a criminal offense on or about 8 Apr 74, and stealing one Sanyo
turntable, one RCA stratoworld radio, two  Norelco  electric  shavers,
one Kodak carousel projector, one Kodak projector tray, one Optima  35
millimeter camera, two alarm clocks,  one  Toshiba  radio,  one  large
quilt, eight shirts, four leather jackets, eight pairs  of  pants  and
five Timex watches for a total value of $1,039.35.  His sentence was a
BCD, confinement at hard labor for five months, forfeiture of  $200.00
per month for five months, and reduction to the grade of airman basic.
 The sentence was adjudged on 25 Apr 74.

On 26 Jun 74, the applicant was transferred  to  Lowry  AFB,  CO,  for
retraining and released from confinement on 17 Sep 74  for  completion
of sentence.

On 15 Oct 74, the applicant received  nonjudicial  punishment  in  the
form of $100.00 forfeiture for disobeying a lawful order not to depart
the team after lights out on or about 19 Sep 74.  The  applicant  also
went AWOL on 15 Oct 74 until he voluntarily returned  over  six  hours
later.

The SCM sentence was affirmed by Special  Court-Martial  Order  Number
521, dated 18 Nov 74.

On 20 Nov 74, in accordance with AFM 35-6,  Separation  Documents  and
General Separation Procedures, the applicant  was  discharged  in  the
grade of airman basic with service  characterization  of  under  other
than honorable conditions (UOTHC) after 1 year and 10 days  of  active
service, with 164 days of lost time.

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

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial because the discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation and  within  the  discharge  authority’s  discretion.   The
applicant did not submit evidence of error or injustice that  occurred
in the discharge processing.

A complete copy of the HQ AFPC/DPPRS evaluation, with  attachment,  is
at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 26 May 06 for review and comment within 30 days  (Exhibit
E).  As of this date, this office has received no response.

A complete copy of the FBI Report was forwarded to the applicant on 19
Jun 06 for review and comment within 14 days (Exhibit F).  As of  this
date, this office has received no response.

_________________________________________________________________

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. We find  no  evidence  indicating
the applicant’s service characterization, which had its basis  in  his
conviction by special court-martial and was a part of the sentence  of
the military court, was improper or exceeded the limitations set forth
in the Uniform Code  of  Military  Justice.   Furthermore,  given  the
serious nature of the offenses the applicant committed  while  in  the
Air Force and his continued criminal conduct after his separation,  as
evidenced by the FBI report, we do  not  find  upgrading  his  BCD  or
reducing his sentence on the basis of clemency is appropriate in  this
case.  In view of the foregoing, and  in  the  absence  of  sufficient
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

_________________________________________________________________

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  this  application  in
Executive Session on 26 and 28 July 2006 under the provisions  of  AFI
36-2603:

                 Mr. Jay H. Jordan, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Ms. Renee M. Collier, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-00909 was considered:

   Exhibit A.  DD Form 149, dated 9 Mar 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Investigative Report.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 22 May 06, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 26 May 06.
   Exhibit F.  Letter, SAF/MRBC, dated 19 Jun 06.




                                   JAY H. JORDAN
                                   Panel Chair