RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02845
            INDEX CODE:  110.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His  bad  conduct  discharge  (BCD)  be  upgraded  to  an  under   honorable
conditions (general) discharge.

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APPLICANT CONTENDS THAT:

He was absent without authority (AWOL), and not drunk on duty.

He has been a productive citizen for years.

The applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant served on active duty in the Regular Air Force from    17  Aug  56
to 16 Aug 60, and was honorably released from active duty for expiration  of
term of service and transferred to the Air Force Reserve.  He served in  the
Air Force Reserve from 17 Aug 60 to  16  Aug  62;  and  was  discharged  for
expiration of term of service on 16 Aug 62.

Applicant enlisted in the Regular Air Force on 5 Jun 67,  for  a  period  of
four years.

Applicant received an Article  15  on  23  Aug  69,  for  failure  to  obey.
Punishment imposed was reduction to the grade of airman  and  forfeiture  of
$50 pay for two months.  Previous  disciplinary  action  under  Article  15,
dated 23 Aug 68, for drunk  and  disorderly  behavior  on  station,  with  a
suspended reduction to airman was vacated 1 Jan 69, and  he  was  fined  $25
per month for two months.

On 22 Jun 70, applicant was tried and convicted by a  special  court-martial
for being AWOL from 18 Jul 69 – 28 Apr  70.   He  was  sentenced  to  a  bad
conduct discharge (BCD),  forfeiture  of  $50.00  pay  per  month  for  four
months, confinement at hard labor for four  months,  and  reduction  to  the
grade of airman basic.  The BCD and forfeiture was suspended  until  23  Mar
71, at which time, unless the suspension was sooner vacated,  the  suspended
portions  of  the  sentence  would  be  remitted  without  further   action.
Applicant  was  afforded  retraining  with  the  provision   for   automatic
remission of his discharge contingent on  a  successful  retraining  period.
However,  applicant  again  went  AWOL  while  in  retraining  status.   His
suspended discharge was vacated on  12  Jan  71.   On  25  Jan  71,  he  was
discharged with a BCD.  He was credited with 6 years, 4 months, and 20  days
of active military service (excludes 419 days lost  time  due  to  AWOL  and
confinement).

On 23 Oct 80, applicant applied to the  Air  Force  Discharge  Review  Board
(AFDRB) requesting that his BCD  be  upgraded  to  an  honorable  discharge.
After review of the  evidence  of  record,  the  AFDRB  concluded  that  the
discharge was consistent with the procedural  and  substantive  requirements
of the Uniform  Code  of  Military  Justice  and  that  the  individual  was
provided full  due  process.   The  Board  concluded  that  the  applicant’s
discharge should not be changed.  The Board further concluded the  applicant
did not establish the existence of any factor which  renders  his  discharge
improper or inequitable and no such factor was discerned by  the  Board.   A
copy of the AFDRB findings is attached at Exhibit B.

Pursuant to the Board’s  request  on  17  Sep  07,  the  Federal  Bureau  of
Investigation,  Clarksburg,  West  Virginia,   provided   a   copy   of   an
investigation report, which is attached at Exhibit C.

On 12 Oct 07, a copy of the FBI Report of  Investigation  was  forwarded  to
applicant for review and  comment.   At  the  same  time  the  AFBCMR  staff
offered the applicant an opportunity to provide  information  pertaining  to
his activities since leaving the service (Exhibit D).  To date,  a  response
has not been received.

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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 applicant’s discharge  had  its  basis
in his  trial  and  conviction  by  special  court-martial.   After  careful
consideration of the available evidence, we found  no  indication  that  the
actions taken to affect his discharge were  improper  or  based  on  factors
other than his own misconduct.  Likewise, the applicant has not  shown  that
the discharge was improper or that the  characterization  of  his  discharge
was inappropriate under the  circumstances.   We  considered  upgrading  the
discharge based on clemency; however, we do not find the evidence  presented
is sufficient to compel us to recommend the relief  sought  on  that  basis.
Therefore, in the absence of evidence to the  contrary,  we  find  no  basis
upon which to recommend granting the relief sought.

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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-
02845 in Executive Session on 21 December 2007, under the provisions of  AFI
36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Audrey Y. Davis, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
02845 was considered:


    Exhibit A.  DD Form 149, dated 28 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFBCMR, dated 12 Oct 07.




                                             CHARLENE M. BRADLEY
                                             Panel Chair