RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02153
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His offenses were considerably minor for such a harsh punishment. In his declining years he would like to look back on his military history with pride.

In support of his appeal, applicant submitted a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States, dated 13 Jun 56, and letters of character reference from an employee and his certified public accountant.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Prior to the period of service under review, the applicant served honorably in the Air National Guard from 6 Jun 54 until his discharge on 10 Jan 55.  

On 12 Jan 55, he enlisted in the Air Force for a period of four years in the grade of airman basic.  He was promoted to the grade of airman third class with an effective date and date of rank of 5 Apr 55.  Applicant received character and efficiency ratings of excellent from 30 Mar 55 – 10 Sep 55.

On 1 Jun 56, applicant was tried and convicted in a civil court on charges of burglary.  He pled guilty and was sentenced to serve 3 years in a state penitentiary; however, his sentence was changed to probation for 3 years.  

The specific facts surrounding his discharge from the Air Force are unknown inasmuch as the discharge correspondence is not available.

On 13 Jun 56, he was discharged under the provisions of AFR 39-22, by reason of conviction by civil court and was issued an undesirable discharge certificate.  He was credited with 1 year, 5 months, and 2 days of active duty service during this period.

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

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial.  Based on the limited documentation in the applicant’s file, they found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation in effect at the time of his discharge.  Additionally, 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 nor did he provide any facts warranting an upgrade of his discharge.

The complete Air Force evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 Aug 03 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

On 17 Oct 03, a copy of the FBI report was forwarded to the applicant for comment.  At that time, the applicant was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit F).  As of this date, no response has been received by this office.

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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.  We note that the facts surrounding the circumstances of the applicant’s discharge are not available.  However, based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's discharge was proper and in compliance with appropriate directives.  Therefore, based on the available evidence of record, we 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 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 AFBCMR Docket Number BC-2002-02153 in Executive Session on 5 November 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Dec 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 14 Aug 03.
    Exhibit E.  Letter, SAF/MRBR, dated 22 Aug 03.
    Exhibit F.  Letter, AFBCMR, dated 17 Oct 03.