RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02552
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  bad  conduct  discharge  be  changed  to  a  general  (under  honorable
conditions) discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was due to constantly being absent without leave (AWOL).

He served honorably in the U.S. Navy from 1943 to 1947.

In support of his request, the  applicant  provided  a  copy  of  his  Naval
discharge,  a  Washington  Access  to  Criminal  History  check,   character
reference letters, and a petition signed by individuals  who  know  him  and
from his community.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the active duty Air Force on 1 Feb 52.

On or about 3 Jun 52 to on or about 5 Feb 53, the applicant went AWOL.

On 27 Mar 53, he was tried and convicted by Special Court-Martial.   He  was
sentenced to a bad conduct discharge, confinement  at  hard  labor  for  six
months, and forfeiture of $40 per month for six months.  On 4  May  53,  the
convening  authority  suspended  the  bad  conduct   discharge   until   the
applicant’s release  from  confinement  or  until  completion  of  appellate
review, whichever was later.

On 15 May 53, the applicant and another  inmate  escaped  from  confinement.
The applicant surrendered to military authorities on 16 Jul 53.

Per Order Number 89,  dated  27  Jul  53,  the  unexecuted  portion  of  the
applicant’s sentence as amended by Special Court Martial  Order  Number  50,
as it related to his confinement at hard labor and forfeiture  of  pay,  was
remitted effective 3 Aug 53.

On 19 Aug 53, the unexecuted portion of the sentence was  remitted  with  an
effective date of 21 Aug 53.

The applicant was discharged on 21 Aug 53 with a bad conduct discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia, was unable to  identify  with  an  arrest  record
pertaining to the applicant.

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends denial of the applicant’s  request.   The  application
is untimely and the applicant’s contentions are without merit.

The applicant does not claim innocence or otherwise contest  the  merits  of
his trial.  He offers no explanation for his original AWOL  offense  or  for
his subsequent  escape  from  custody.   Rather,  he  submits  a  number  of
character references and other documents from family,  friends,  colleagues,
employers, and community leaders which support his contention  that  in  his
post-discharge civilian life he has become a respected,  caring  and  giving
elder member of his community.

Ordinarily, an applicant must file an application within three  years  after
the alleged error or  injustice  was  discovered  or,  with  due  diligence,
should have been discovered.  The Board may deny an application  because  it
is untimely, although an untimely filing may be excused in the  interest  of
justice.  Over 54 years  have  passed  since  the  applicant’s  trial.   The
applicant does not provide any reason to justify  excusal  of  his  untimely
application in the interest of justice, and he provides no  explanation  for
waiting more than 50 years after his court-martial to file his application.

Under  Title  10,  U.S.C.,  Section  1552(f),  which   amended   the   basic
corrections board  legislation,  the  Board’s  ability  to  correct  records
related to courts-martial, is  limited.   Specifically,  Section  1552(f)(1)
permits the correction of record to reflect actions  taken  by  a  reviewing
authority under the Uniform Code of Military Justice (UCMJ).   Additionally,
Section 1552(f)(2) permits the correction of records related  to  action  on
the sentence of courts-martial for the  purpose  of  clemency.   Apart  from
these two limited exceptions, the effect of  Section  1552(f)  is  that  the
Board is without authority to reverse, set aside,  or  otherwise  expunge  a
court-martial conviction that occurred on or after 5 May 50  (the  effective
date of the UCMJ).

The  applicant  has  identified  no  error  or  injustice  related  to   his
prosecution or the sentence.  The applicant’s sentence was well  within  the
legal limits and was an appropriate punishment for the  offenses  committed.
As  noted  above,  the  applicant’s  original  bad  conduct  discharge   was
suspended.  However, instead of embracing the opportunity offered to  redeem
and rehabilitate himself, he chose to compound his  misconduct  by  escaping
from custody.

Clearly, the applicant’s honorable WWII-era  Navy  service  and  commendable
post-discharge community involvement, do not negate or  excuse  the  serious
and repeated nature of his bad conduct during his Korean War-era  Air  Force
service.  A bad conduct discharge was then and remains today an  appropriate
sentence that properly characterizes that period of  service.   Accordingly,
while clemency may be granted under 10 U.S.C.,  Section  1552(f)(2),  it  is
not warranted in this case.

The AFLOA/JAJM complete 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 12  Oct
07 for review and comment within 30 days.  As of this date, this office  has
not received a 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  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.   Therefore,
in the absence of 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  Docket  Number  BC-2007-02552
in Executive Session on 29 November 2007, under the provisions  of  AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs, dated 1 Aug 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFLOA/JAJM Memorandum, dated 11 Sep 07.
    Exhibit D.  SAF/MRBR Letter, dated 12 Oct 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair