RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01284
		INDEX CODE 110.00
		COUNSEL:  

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

His wife and children left him at the time of his enlistment.  He requested leave but it was denied.  So, he went absent without leave (AWOL) to take care of them.  He later turned himself in, but still felt an obligation to take care of his children.

Applicant’s complete request is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 16 May 61, the applicant enlisted in the Regular Air Force in the grade of airman basic (E-1), for a period of four years.  

On 23 Aug 61, applicant was convicted by Special Court-Martial for Violation of the Uniform Code of Military Justice (UCMJ), Article 86, in that: on or about 5 Jun 61, without proper authority, he absented himself from his organization, and remained absent until on or about 3 Jul 61, and on or about 13 Jul 61, without proper authority, he absented himself from his organization, and remained absent until on or about 30 Jul 61.  He was sentenced to a bad conduct discharge, forfeiture of $25 a month for 3 months, and confinement to hard labor (CHL) for a period of 3 months.

The applicant was in civil confinement from 31 Jul – 2 Aug 61.

On 5 Oct 61, he was discharged under the provisions of AFR 39-18, Special Court-Martial Order # 102, and HQ HQLMTC/JA letter with a bad conduct discharge.  He was credited with 20 days of active service (excludes 123 days of lost time due to confinement and AWOL).

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial.  They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing or did he provide any facts warranting an upgrade of his discharge.  Accordingly, they recommended his records remain the same and his request be denied.  

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 May 02 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

On 11 Jun 02, the applicant was invited to submit additional post-service documentation (Exhibit F).  A copy of the FBI Report of Investigation was forwarded to the applicant on 17 Jul 02 for review and comment.  At that time, the applicant was again invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit G).  As of this date, no response has been received by this office.

_________________________________________________________________

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 reviewing the circumstances surrounding applicant’s separation, we are not persuaded that the type of discharge he received was either in error or unjust.  The discharge appears to be in compliance with the governing regulations and we find no evidence to indicate that his separation from the Air Force was inappropriate.  We note that the applicant was provided a copy of the FBI report for his review and comment, and that he was also invited to provide information pertaining to his activities since leaving the service.  However, he has not responded.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider 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 this application AFBCMR Docket Number 02-01284 in Executive Session on 13 September 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 May 2002, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 21 May 02.
    Exhibit E.  Letter, SAF/MRBR, dated 31 May 02, w/atch.
    Exhibit F.  Letter, AFBCMR, dated 11 Jun 02, w/atch.
    Exhibit G.  Letter, AFBCMR, dated 17 Jul 02, w/atchs.