RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01447
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His bad conduct discharge be upgraded.

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APPLICANT CONTENDS THAT:

He did not understand the importance of the rules and orders during the time of his military service.  He has worked hard to make up for his mistake.  He was employed 41 years at a central railroad company.  His health has deteriorated, and he has several medical disabilities.  He would like his discharge upgraded due to clemency.

In support of the application, the applicant submits his application.  The applicant's submission is at Exhibit A.
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STATEMENT OF FACTS:

On 23 May 1951, the applicant enlisted in the Regular Air Force in the grade of private (E-1) at the age of 21 for a period of four (4) years.

On 29 August 1951, the applicant was Absent Without Leave (AWOL) during the period 26 July 1951 through 20 August 1951.  For this incident, he was tried and convicted by a summary court-martial.  He was restricted to the limits of his base for 60 (sixty) days, and forfeited $60.00 of his pay.

On 15 September 1951, the applicant failed to go at the time prescribed to his appointed place of duty.  For this incident he was tried and convicted by a summary court-martial.  He was reduced to the grade of private (E-1), confined at hard labor for 30 (thirty) days, and forfeited $53.00 of his pay.

On 17 October 1951, the applicant was tried and convicted by a special court-martial for failing to obey a lawful order.  For this incident he was confined at hard labor for four (4) months, and forfeited $50.00 per month for a like period.

On 15 January 1952, the applicant was disorderly in quarters.  For this incident, he was tried and convicted by a summary court-martial.  He was confined at hard labor for 30 (thirty) days, and forfeited $50.00 of his pay.

The applicant was Absent Without Leave (AWOL) from 2 June 1952 to 8 June 1952.  For this incident, he was tried and convicted by a special court-martial on 3 July 1952.  He was sentenced to a bad conduct discharge, forfeiture of $55.00 for 3 (three) months, and confinement for 3 (three) months.  The execution of the discharge was suspended pending completion of appellate review.

The applicant was Absent Without Leave (AWOL) from 2 September 1952 to 18 October 1952, on which date he was apprehended by civilian police and returned to military control.  For this incident, he was tried and convicted by a special court-martial on 10 December 1952.  He was sentenced to a bad conduct discharge, forfeiture of $55.00 for 4 (four) months, and confinement for 4 (four) months.  The convening authority approved the sentence on 9 January 1953.

On 1 April 1953, the applicant was discharged with a bad conduct discharge.  He had served 8 months and 25 days on active duty.  He had 409 days lost time due to AWOL and confinement.

In response to the Board’s request, the FBI indicated they were unable to identify with an arrest record pertaining to the applicant on the basis of information furnished (Exhibit D).
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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states that based on the documentation on file in the applicant’s master personnel record, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  DPPRS opinions the discharge was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  Additionally, he provided no facts warranting an upgrade to his character of service.  HQ AFPC/DPPRS evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant for review and comment on 28 May 2004.  Additionally, on 10 June 2004, the applicant was invited to submit information pertaining to his post-service accomplishments.  As of this date, this office has received no response to any of the above correspondence (Exhibit D).

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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.  His contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the appropriate Air Force office.  We therefore agree with the recommendation of the respective Air Force office and adopt the rationale expressed 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.  We further noted that, although he was specifically offered the opportunity to do so, the applicant provided no documents to substantiate that he has maintained the standards of good citizenship in the community since his discharge.  Should he provide such evidence of good conduct for the period of time that has elapsed since his separation, we would be willing to reconsider his appeal based on clemency.  In the absence of such information or evidence indicating that the applicant was deprived of rights to which he was entitled or that inappropriate standards were applied in his case, we find no compelling basis to recommend granting the relief sought in 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 this application in Executive Session on 29 July 2004 under the provisions of AFI 36-2603:

The following documentary evidence was considered in AFBCMR BC-2004-01447:

	Exhibit A.  DD Form 149, dated 26 March 2004.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRS, dated.20 May 2004
	Exhibit D.  Letter, SAF/MRBR, dated 28 May 2004 and
	            Letter, AFBCMR, dated 10 June 2004.