RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03685

		COUNSEL:  XXXX

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded to general (under honorable conditions).
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APPLICANT CONTENDS THAT:

He is sorry for what he did and he knows it was wrong.  But at the time, he thought he was doing a good thing because he was using the radios to help search the desert for lost people.  If he could redo it, he would never have done it and he has regretted it ever since.  If the Board would look at his medical records, the Board will see that he had problems with his right leg and he would have like to be able to get some help to get it taken care of to make a life for himself.

In support of his application, he submits copies of his DD Form 214, letters of support and a record check from the local police.

Applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 14 Nov 80.  He was discharged from the Air Force on    10 Aug 83 with a bad conduct discharge (BCD) by court-martial.  He served 2 years, 5 months and 22 days of total active duty service.  

On 8 Dec 82, applicant was convicted by a special court-martial for wrongful appropriation of six radios valued at more than $100, property of the U.S. Government.  He was sentenced to a BCD, confinement at hard labor for 4 months, forfeiture of $100 per month for 6 months and reduced to the grade of E-1.  Appellate review upheld the conviction and the sentence was executed 22 Jun 83.  He had lost time from 18 Nov 82 to 23 Feb 83.

The FBI provided a copy of an Investigative Report pertaining to the applicant, which is at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and states that based upon the documentation in the file the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no other facts warranting an upgrade of the discharge.  Accordingly, AFPC/DPPRS recommends his records remain the same and his request be denied.  He has not filed a timely request.  

AFLS/JAJM complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 20 Dec 02, for review and comment.  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 that failure to timely file.

3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We find no improperiety in the characterization of applicant's discharge.  It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that applicant was not afforded all the rights to which entitled at the time of discharge.  We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.

4.	Although the applicant has provided some statements concerning post-service conduct, the Board finds these statements insufficient to warrant an upgrade of his discharge on the basis of clemency.  Should he provide statements from community leaders and acquaintances attesting to his good character and reputation and other evidence of successful post-service rehabilitation, this Board will reconsider this case based on the new evidence.  We cannot, however, recommend approval based on the current evidence of record.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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 02-03685 in Executive Session on 25 March 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 13 Nov 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report, dated 11 Feb 03.
	Exhibit D.	Letter, AFPC/DPPRS, 13 Dec 02.
	Exhibit E.	Letter, SAF/MRBR, dated 20 Dec 02.