RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2006-00008
								INDEX CODE:  100.00
	XXXXXXXXXXXXXXXXXX			COUNSEL:  NONE

	XXXXXXXXXXXXXXXXXX			HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 JULY 2007

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

His periods of being Absent without Leave (AWOL) were the result of his presence being needed at home to stop his step-father from sexually abusing his young sisters.  Since his three older brothers were already serving in the military and were unable to address the situation, he felt that it was incumbent upon him to protect his family.  He needs his discharge upgraded so that he can receive medical benefits from the Department of Veterans Affairs (DVA).

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

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 23 May 1956.  On 14 August 1957, the commander notified him of his intent to initiate discharge action against him under the provisions of AFR 39-22.  The commander indicated his basis for the action was the applicant’s 6 August 1957 conviction by the state of Texas, for theft of property of the value of $50.00.  The commander also referenced applicant’s two periods of AWOL from 16 December 1956 through 8 January 1957 and from 1 June 1957 through 8 June 1957, and three Article 15s for failure to obey a lawful order, failure to repair, and leaving place of duty without being properly relieved.  On 13 September 1957, he was discharged under the provisions of AFR 39-22 and issued an Undesirable Discharge Certificate.  He completed 1 year, 2 months, and 6 days of active service, which excludes 45 days lost time (18 days AWOL 16 Dec 56 – 8 Jan 57 and 7 days AWOL 1 Jun 57 – 8 Jun 57).

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, has provided applicant’s arrest record which is at Exhibit F.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Further, the discharge was within the discretion of the discharge authority.  Applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and provided no facts warranting a change to his service characterization.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 27 January 2006, for review and comment, within 30 days.  A copy of the FBI arrest record was forwarded to applicant on 27 February 2006, for review and comment within 14 days.  However, 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.  We find no impropriety in the characterization of applicant's discharge.  The applicant’s comments concerning his reasons for going AWOL are duly noted; however, his discharge had its basis in his trial and conviction by a civil court for theft of property, resulting in a two year probated sentence.  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.  We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  We have considered applicant's overall quality of service, the events which precipitated the discharge, and information contained in the FBI Identification Record.  On balance, we do not believe that clemency is warranted.

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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 Docket Number BC-2006-00008 in Executive Session on 14 March 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jan 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 20 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 06.
    Exhibit E.  Letter, AFBCMR, dated 27 Feb 06.
    Exhibit F.  FBI Identification Record.