RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01728
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded.
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APPLICANT CONTENDS THAT:

He did not do anything bad - just went AWOL too much.

In support of his request, the applicant submits what appears to be a section of a discharge order and a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States).  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

Excluding applicant’s court-martial records, his military personnel records were destroyed by fire in 1973.

Applicant's court-martial records reflect that he enlisted in the Regular Air Force on 20 June 1951 for a period of four years.

On 4 March 1952, applicant was tried before a special court-martial at Big Spring AFB, TX.  He was charged with violation of Article 134, UCMJ, Specification: he did on or about 9 Feb 52, with intent to deceive, wrongfully and unlawfully make and utter to War Surplus Store, a check in the amount of $10.85 without sufficient funds to meet the payment.  The applicant had two previous special court-martial convictions for being AWOL.  One prior conviction was for being AWOL from 13 September 1951 until 8 October 1951; and, the other conviction was for being AWOL from 9 December 1951 until 26 December 1951.  On 26 March 1952, applicant was sentenced to a bad conduct discharge, confinement at hard labor for six months and forfeiture of $26.00 per month for six months.  The convening authority approved the sentence and, on 28 April 1952, the Air Force Board of Review affirmed the findings and sentence.

On 7 October 1952, the applicant received a bad conduct discharge under the provisions of AFR 39-18.  He was serving in the grade of airman basic at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit C.
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AIR FORCE EVALUATION:

There is no Air Force advisory opinion on this case.
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APPLICANT'S REVIEW OF FBI REPORT:

A copy of the FBI Report was forwarded to applicant on 14 February 2002 for review.  As of this date, no response has been received by this office (Exhibit D).
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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 probable error or injustice.  After carefully considering the applicant’s submission and the available evidence of record, we are not persuaded that his bad conduct discharge should be upgraded.  Applicant’s contentions are duly noted; however, other than his own assertions, he has provided no evidence establishing that his bad conduct discharge in 1952 was unfounded or unjust.  Based upon the presumption of regularity in the conduct of governmental affairs, it appears that the applicant's discharge was in compliance with appropriate directives and we find no evidence to indicate that his separation from the Air Force was inappropriate.  In view of the foregoing, and absent persuasive evidence to the contrary, the applicant has failed to sustain his burden of having suffered either an error or an injustice.  We therefore find no basis upon which to favorably consider this application.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.
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The following members of the Board considered Docket Number 01‑01728 in Executive Session on 3 April 2002, under the provisions of AFI 36-2603:

	            Panel Chair
	             Member
	            Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Oct 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Identification Record - 227181D.
   Exhibit D.  Letter, AFBCMR, dated 14 Feb 02.