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AF | BCMR | CY2008 | BC-2007-00346
Original file (BC-2007-00346.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2008-00346
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  NOT INDICATED

______________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge from 1956 should be upgraded considering  it  has  been  more
than 15 years.

His complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Available military records show the applicant enlisted in the  Air  National
Guard on 17 March 1953 in the grade  of  private  (E1).   He  was  honorably
discharged 1 December 1953 in the grade of Private First  Class  (E-3).   On
12 January 1954, he enlisted in the United States Air Force.

On 27 January 1956, he was discharged in the grade of airman  basic  (E-1).
The reason for his separation was "Convicted by Civil Court".

He served a total of two years, three months and five days on  active  duty
and had 175 days of lost time recorded  on  his  DD  Form  214,  Report  of
Separation from the Armed Forces of the United States.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an Investigative Report, which is at Exhibit  C.   On  27
February 2007, a copy of the  Investigative  Report  was  forwarded  to  the
applicant for review and comment  within  30  days.   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.  The Board finds 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.   The
applicant has not shown the characterization of the discharge  was  contrary
to the provisions of the governing regulation, nor has  it  been  shown  the
nature of  the  discharge  was  unduly  harsh  or  disproportionate  to  the
offenses  committed.   Considered   alone,   we   conclude   the   discharge
proceedings  were  proper  and  characterization  of   the   discharge   was
appropriate to the existing circumstances.

________________________________________________________________

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-2008-
00346 in Executive Session on 8 April 2008, under the provisions of AFI  36-
2603:

              Ms. Rita S. Looney, Panel Chair
              Ms. Karen A. Holloman, Member
              Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 14 January 2008.
      Exhibit B.  Available Personnel Records.
      Exhibit C.  FBI Report.
      Exhibit D.  Letter, AFBCMR, dated 27 February 2008.



                                   RITA S. LOONEY
                                   Panel Chair

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