RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00521
		INDEX CODE:  110.02
		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 was young and wild and made a bad decision.  He received too severe of a punishment compared with today’s standards.  His ability to serve was hampered due to a deprived background and being raised by a single parent.  Later in life he saw his mistakes and would like to be forgiven.  He is now 71 years old and can’t afford to pay his medical bills.  He would like his discharge to be upgraded so he can receive nursing home medical benefits.  It is an injustice for him to continue to suffer the adverse consequences of a bad conduct discharge and clemency is warranted. 

In support of his request the applicant provides a copy of his Application for the Review of Discharge or Dismissal From the Armed Forces of the United States. 

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

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STATEMENT OF FACTS:

The majority of the applicant’s records were lost or destroyed.  The following is extracted from the limited military records available for review.  On 13 January 1948, the applicant enlisted in the United States Air Force.  On 29 January 1952, applicant was convicted by a general court-martial for being Absent Without Leave and sentenced to be discharged with a bad conduct discharge, to forfeit $58.00 of his pay per month for 6 months and to be confined at hard labor for 6 months.  The sentence was affirmed and ordered into execution of 25 March 1952.  Pay records indicate his discharge was executed on 1 July 1952.  

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. 

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that the applicant did not submit any evidence or identify any errors or injustices that occurred in his discharge process.  Based upon the documentation in his records, DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation (see Exhibit C).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 15 March 2002 for review and response.  As of this date, this office has received no response (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 error or injustice.  After careful consideration of the applicant’s request and the available evidence of record, we see no evidence that would warrant an upgrade of his characterization of service.  In our opinion, based on the amount of time lost to the government and the limited evidence provided, the evidence submitted is not of a sufficient quality and quantity to warrant the approval of the requested relief at this time.  The only other basis upon which to upgrade his discharge would be based on clemency.  However, the applicant has failed to provide documentation pertaining to his post-service activities.  Should he provide documentary evidence pertaining to his post-service activities we would be willing to reconsider his appeal.  In the absence of such evidence, favorable action is not recommended.  

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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.  

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The following members of the Board considered this application in Executive Session on 29 May 2002, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 
02-00521 was considered:

     Exhibit A.  DD Form 149, dated 7 February 2002 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 11 March 2002.
     Exhibit D.  Letter, SAF/MRBR, dated 15 March 2002.