RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00138
		INDEX CODE 106.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE: 16 JULY 2007 

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APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to a general (under honorable conditions) discharge.

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APPLICANT CONTENDS THAT:

He believes his court-martial and discharge was unjust because he was a security policeman. He was not allowed to continue paying restitution of checks written for insufficient funds. His records alone tell of his character. He was not told about rehabilitation, or allowed to continue to pay restitution to the bank. He feels if he was not in security, he would not have been court-martialed, but because he was, he feels he was made an example of, and should have been given the opportunity to stay in the Air Force. 

In support of his application, applicant provides a personal letter.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22 May 1973 and was progressively promoted to the grade of sergeant.

A special court-martial convicted the applicant of five specifications of wrongfully and unlawfully writing checks with insufficient funds in his checking account. Applicant was sentenced to a bad conduct discharge and reduced to the grade of airman basic. The sentence was affirmed by Special Court-Martial Order Number 39, dated 20 April 1977.

The applicant was separated from the Air Force 22 April 1977 under the provisions of AFR 39-12, Separation for Unsuitability, Misconduct, Resignation, or Request for Discharge for Good of the Service and Procedures for the Rehabilitation Program and Special Court-Martial Order Number 14, with a bad conduct discharge. He served on active duty for a period of 3 years, 8 months, and     16 days. 

Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit D.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated that based upon the documentation on file in the available 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 evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to his character of service. 

AFPC/DPPRS’s complete evaluation is attached at Exhibit C.

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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 3 February 2006, for review and comment within 30 days.  As of this date, no response has been received by this office.

A copy of the FBI was forwarded to the applicant on 18 April 2006, for review and comment within 14 days.

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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. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that any corrective action is warranted.  We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice.  No evidence has been submitted which would lead us to believe that the characterization of his service was improper.  In addition, in view of the contents of the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of his discharge to general is warranted on the basis of clemency.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider his request.

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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 AFBCMR Docket Number BC-2006-00138 in Executive Session on 4 May 8, 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 06, w/atch. 
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 26 Jan 06.
	Exhibit D.  FBI Report, dated 23 Mar 06.
	Exhibit E.  Letter, SAF/MRBR, dated 3 Feb 06.
	Exhibit F.  Letter, AFBCMR, dated 18 May 06.