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AF | BCMR | CY2006 | BC-2006-01915
Original file (BC-2006-01915.DOC) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01915
            INDEX CODE:  110.02
      XXXXXXX JR COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY COMPLETION DATE 25 OCT 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was just 19 years old and made a dumb mistake.

In support of his  application,  he  submits  a  copy  of  his  DD Form 214,
Certificate of Release or Discharge from Active  Duty  and  a  copy  of  the
summarized record of trial by special court-martial.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  9 January 1964  for  a
period of 4 years.

On 16  November  1965,  he  was  notified  by  his  commander  that  he  was
recommending him for discharge from the Air Force for  frequent  involvement
of  a  discreditable  nature  with  military  and  civil  authorities.   The
specific reasons for the proposed action were:

            On 8 Jan 65, applicant was convicted  by  special  court-martial
for wrongfully appropriating a  1956  automobile  valued  at  over  $50  and
breaking restriction.

            On 21 Aug 65, he was convicted by civil  court  for  stealing  a
Triumph motorcycle.

            On 1  Nov  65,  applicant  was  convicted  by  civil  court  for
interstate transport of a stolen motor vehicle.

He acknowledged receipt  of  the  notification  and  after  consulting  with
counsel waived his rights to a hearing before a board  of  officers  and  to
submit statements in his own behalf.

The  discharge  authority  approved  the  separation  and  directed  he   be
discharged with an  under  other  than  honorable  conditions  (undesirable)
discharge.

On 11 January 1966, applicant was discharged under the provisions of AFR 39-
17, Discharge of Airmen Because of  Unfitness,  with  an  under  other  than
honorable conditions (undesirable) discharge. He was credited with  1  year,
6 months and 16 days of active duty service  (excluding  168  days  of  time
lost for the periods of 4 Jan 65 – 7 Jun 65 and 21 Aug 65 – 2 Sep 65).

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

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial. Based on the  documentation  on  file  in  the
master personnel records, the discharge was 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 new evidence  or  identify  any
errors or injustices that occurred in the discharge processing and  provided
no other facts warranting a change to his character of service.

AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  21
July 2006 for review and comment within  30  days.   As  of  this  date,  no
response has been received by this office (Exhibit E).

_________________________________________________________________

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.

_________________________________________________________________

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-
01915 in Executive Session on 6 September 2006, under the provisions of  AFI
36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Patricia J. Zarodkiewicz, Member
      Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 11 Jul 06.
    Exhibit E.  Letter, SAF/MRBR, dated 21 Jul 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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