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AF | BCMR | CY2006 | BC-2006-02134
Original file (BC-2006-02134.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02134
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 January 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was tried by court-martial, where the charges were  dismissed,  and
later discharged.  At the time of  his  discharge  he  was  young  and
foolish.  Since that time, he has led a  good,  clean  life.   He  has
tried to be a good citizen with no criminal history,  a  good  father,
grandfather, and most importantly, a good Christian.  He  would  like,
for the first time in 40 years, to feel like he is not ashamed of  his
military record.

In support of the appeal, applicant submits a copy of his DD Form 293,
Application for the Review of Discharge from the Armed Forces  of  the
United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted on 14 Mar 66 and was progressively promoted to  the
grade of airman (E-2).  On 8 Dec 67, the applicant, then an Airman (E-
2), was charged with four specifications of larceny, in  violation  of
Article 121, UMCJ.   In  addition,  he  received  an  Article  15  for
violation of Article 128, UCMJ, two letters of  reprimand  (LOR),  one
letter of counseling, and one  referral  APR.   On  14 Dec  67,  after
consulting with counsel, he requested to be discharged for the good of
the service.  The base  legal  office  reviewed  the  case,  found  it
legally sufficient to support the separation, and  recommended  he  be
discharged with an undesirable  discharge.   The  discharge  authority
approved his request for discharge for the good  of  the  service  and
directed that he be discharged with an undesirable discharge.  He  was
separated from the Air Force on 26 Jan 68, under the provisions of AFM
39-12,  Separation  for  Unsuitability,  Misconduct,  Resignation,  or
Request for Discharge for the Good of the Service and  Procedures  for
the Rehabilitation Program (request for discharge for the good of  the
service), with an under other than honorable conditions  (undesirable)
discharge.  He served 1 year, 10 months and 13 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg,  West  Virginia,  indicated  on  the  basis  of  the  data
furnished they were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS  states  the   discharge   was
consistent with the procedural and  substantive  requirements  of  the
discharge regulation and was within the discretion  of  the  discharge
authority.  The applicant did not submit any evidence or identify  any
errors in his discharge processing.

The 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 4
Aug 06 for review and comment within 30 days.  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.    We find no impropriety in the  characterization  of  applicant’s
discharge.  It appears that responsible officials applied  appropriate
standards in effecting the separation, and we do not  find  persuasive
evidence that pertinent regulations were violated  or  that  applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.  We conclude, therefore, that the applicant has  failed  to
sustain his burden of establishing that the discharge proceedings were
improper  and  that  the  characterization  of   the   discharge   was
inappropriate based on the existing circumstances.

4.    We also find insufficient evidence to warrant  a  recommendation
that the discharge be upgraded on the  basis  of  clemency.   We  have
considered applicant’s overall quality of service, his previous period
of service during which time he had 79 days of lost  time,  the  three
summary court-martial convictions which  precipitated  the  discharge,
and available evidence related  to  his  post-service  activities  and
accomplishments.  Based on the evidence of record, we cannot  conclude
that clemency is warranted.  In view of the above, we cannot recommend
approval based on the current evidence of record.

_________________________________________________________________

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-
2006-02134 in Executive  Session  on  19  September  2006,  under  the
provisions of AFI 36-2603:

                       Ms. Kathleen F. Graham, Panel Chair
                       Mr. Elwood C. Lewis, Member
                       Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 Jul 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 26 Jul 06.
      Exhibit E. Letter, SAF/MRBR, dated 4 Aug 06.




                             KATHLEEN F. GRAHAM
                             Panel Chair

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