RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02880
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

He was a very young airman who made a mistake and violated a civil law.  He was convicted of receiving stolen property.  When the civil case was settled the Air Force gave him the option of continuing his military career or take an early discharge.  He states that he never violated any military laws and regrets that this incident happened.

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 on 10 February 1977 in the grade of airman basic for a period of four (4) years.

On 9 March 1978, the applicant was notified of his commander's intent to initiate discharge action against him because of a civil court conviction.  The applicant was convicted by the ----County Judicial Court for receiving stolen property and was sentenced to serve 60 days in jail and two years probation.

The commander indicated in his recommendation for discharge action that the applicant’s duty performance, positive attitude and willingness to learn and help others as indicated in his airman performance report, warranted a general discharge.  He further indicated that the applicant has not been led to believe through promises, implication or representation that he would receive a discharge any better than the worst authorized.  The commander did not recommend the applicant for probation and rehabilitation.  Rehabilitative efforts consisted of counseling’s by his supervisors, first sergeant, and his section commander.  Under the circumstances, further efforts were not warranted.

The commander advised the applicant of his right to consult legal counsel, to present his case before an administrative discharge board, and submit statements in his own behalf; or waive the above rights after consulting with counsel.

On 14 March 1978, after consulting with counsel, the applicant submitted a conditional waiver of his rights associated with an administrative discharge board hearing.  This waiver was contingent on his receipt of a general discharge if the recommendation for his discharge was approved.

On 20 March 1978, the Staff Judge Advocate recommended that the discharge authority accept the applicant’s waiver and recommended the applicant be discharge with a general discharge without probation and rehabilitation.

On 5 April 1978, the discharge authority approved the applicant’s conditional waiver and general discharge.

Applicant was discharged on 6 April 1978, in the grade of airman first class with a general (under honorable conditions) discharge, under the provisions of AFM 39-12 (Civil Court Conviction).  He served 1 year, 1 month, and 21 days of total active military service.  He received a Reenlistment Eligibility (RE) code of 2C - Separated under AFM 39-12.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that the applicant stated his civil case was closed and his record expunged; however, he did not submit evidence of this action or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting an upgrade of his discharge.  He has not filed a timely request.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 October 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  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 an error or injustice warranting an upgrade of the applicant’s discharge.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Based on the documentation in the applicant's records, it appears that the processing of the discharge and the characterization of the discharge were appropriate and accomplished in accordance with Air Force policy.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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-2003-02880 in Executive Session on 12 November 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 August 2003, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 19 September 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 3 October 2003.