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AF | BCMR | CY2008 | BC-2007-03533
Original file (BC-2007-03533.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03533
      INDEX CODE:  110.00
      COUNSEL:  NONE

      HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge beupgraded to general.
________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant provided no contentions.

In support of his application, he submits a copy of his WD  53-59,  Enlisted
Record of Separation Undesirable Discharge.

The applicant’s complete submission, with attachment, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 22 Jul 46, the applicant enlisted in the Regular Air Force at the age  of
21.

On 20 Jun 49, the applicant was tried and found guilty by a  special  court-
martial for wrongfully and unlawfully soliciting and receiving from  another
airman, $1.00 or more, lawful money, in return for assistance given by  him,
under color of his office, in  obtaining  for  airman  transportation  on  a
military aircraft.

The applicant was sentenced to confinement at hard  labor  for  six  months,
reduction to the lowest enlisted grade and  forfeiture  of  $30.00  pay  per
month for six months.

In a letter dated 22 Jun 49, the applicant's commander  indicated  that  the
applicant was totally unfit for further retention in the Air  Force  because
of misconduct.  He states  the  applicant  admitted  in  writing  during  an
official  investigation  that  he  solicited  and  accepted  money   for   a
Government parachute which was wrongfully obtained from a sailor.   He  also
fired  a  carbine  for  which  disciplinary  action  was  withheld   pending
completion of investigation involving Government parachutes.  The  applicant
was reported to be negligent  in  personal  cleanliness  and  had  shown  an
unwillingness to comply with orders issued in  connection  with  the  policy
governing his quarters.

The sentence was affirmed by Special Order No. 74 dated 15 Jul  49  and  the
applicant  was  discharged  from  the  Air  Force  on  15  Jul  49  with  an
undesirable discharge.

In response to the Board’s request, the FBI indicated they  were  unable  to
identify with an arrest record pertaining to the applicant on the  basis  of
information furnished (Exhibit C).

On 5 Feb 08, a request for post-service information  was  forwarded  to  the
applicant for response within 30  days.   To  date,  no  response  has  been
received (Exhibit D).

________________________________________________________________

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;  based  on
the available evidence of record, it appears the  discharge  was  consistent
with the substantive requirements of the  discharge  regulation  and  within
the commander's discretionary authority.   The  applicant  has  provided  no
evidence which would lead us to believe the characterization of the  service
was contrary to the provisions of the governing  regulation,  unduly  harsh,
or disproportionate to the offenses committed.  We considered upgrading  the
discharge based on clemency; however, we do not find the evidence  presented
is sufficient to compel us to recommend granting 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.

________________________________________________________________

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 this application in  Executive
Session on 20 March 2008, under the provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Renee M. Collier, Panel Member
                 Ms. Lea Gallogly, Panel Member

The following documentary evidence was considered in AFBCMR BC-2007-03533:

      Exhibit A.  DD Form 149, dated 18 Oct 07, w/atch.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  FBI Report, undated.
      Exhibit D.  Letter, AFBCMR, dated 5 Feb 08 w/atchs.





            JAMES W. RUSSELL III
            Panel Chair

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