RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-00842 INDEX CODE:	110.02
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:
His crimes and actions should not have resulted in an undesirable discharge.

In support of his application, applicant provides a copy of AF Form 1226, Record of Previous Convictions and Time Lost, a copy of his medical records, a copy of special order #248, and a letter from the State of Illinois Department of Veterans' Affairs.

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

STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 9 October 1956 for a period of four years and was progressively promoted to the grade of sergeant.

On 24 March 1958, he was notified by his commander that he was recommending he be discharged from the Air Force under the provisions of AFR 39-17 (Unfitness) for repeatedly committing offenses contrary to the standards of conduct and good order. The specific reason for this action was that he received three summary court-martials for wrongful appropriation, stealing, and dereliction in the performance of his duties. He was advised of his rights, he acknowledged receipt of the notification and waived his entitlement to appear before the board. On 8 April 1958, the discharge authority recommended approval of his discharge. On 16 April 1958, he was discharged from the Air Force with an undesirable discharge in the grade of airman basic. He served 1 year, 2 months and 18 days on active duty. He had 110 days of lost time.

In response to the Board's request, the Federal Bureau of Investigation (FBI) provided a copy of an investigative report pertaining to the applicant. A copy of the FBI report was forwarded to the applicant on a 31 March 2008 for review and response within 30 days (See Exhibit D). He has not responded.

On 31 March 2008, a request for post-service information was forwarded to the applicant for response within 30 days. He has not responded.

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 error or injustice. After careful consideration of the available evidence, we found no indication that the actions taken to effect his discharge were improper or based on factors other than his own misconduct. Likewise, the applicant has not shown that the discharge was improper or that the characterization of his discharge was inappropriate under the circumstances. Based on his overall record of service, and his apparent misconduct subsequent to service as indicated on the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of his discharge 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.

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- 2008-00842 in Executive Session on 10 June 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member

Member
The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-00842:

Exhibit A.	DD Form 149, dated 22 Feb 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	FBI Report, dated 13 Mar 08.
Exhibit D.	Letter, AFBCMR, dated 31 Mar 08.