RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01413
		INDEX CODE:  106.00, 110.02
	  	COUNSEL:   

	 	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes his trial was impartial and discriminating.  His counsel failed to report that he was suffering from alcoholism, which he believes was a crucial part of his case.

In support of his request, applicant provided a personal statement, DD Form 214, Certificate of Release or Discharge from Active Duty, Training Certificates, Rev-Up Newspaper Article, 5 Character Reference Letters, 3 Achievement Certificates, 10 Year Driving Record and a Personal Resume.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered into the Air Force on 30 November 1978, and was progressively promoted to the grade of sergeant.

He was tried at a special court-martial on 6 August 1982.  He was charged with one specification of stealing $30.00, the property of another individual, in violation of Article 121, UCMJ.  He pled guilty to the charge and specification, and was found guilty.  The military judge sentenced him to a BCD and reduction to the grade of E-1.  On 17 September 1982, the convening authority approved the sentence as adjudged and the court martial was affirmed on 4 February 1983.

The applicant was separated from the Air Force on 4 February 1983, under special court martial Order #10 with a BCD.  He served 4 years, 2 months, and 6 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant, which is at Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  Applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting an upgrade in his discharge.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant and his counsel on 1 July 04, for review and comment within 30 days.  As of this date, this office has received no response.

On 9 August 2004, a copy of the FBI Report was forwarded to the applicant for review and response within 15 days.  As of this date, this office has received no response.

_________________________________________________________________

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.  After careful consideration of the available evidence, we found no indication that the actions taken to affect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 Docket Number BC-2004-01413 in Executive Session on 14 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 4 Jan 04.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 23 Jun 04.
	Exhibit D.	Letter, SAF/MRBR, dated 1 Jul 04.
	Exhibit E.	Letter, AFBCMR, dated 9 Aug 04.
	Exhibit F.	Letter, FBI Report, dated 26 Jul 04.