RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02164
		INDEX NUMBER:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

Applicant makes no contentions.  In support of his application he submits a letter of character reference.

Applicant’s complete submission is at Exhibit A.
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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14 January 1954, for a period of four years in the grade of airman basic.  His highest grade held was airman third class.

On 30 Nov 54, applicant was convicted by summary court-martial for failure to go at the time prescribed to his appointed place of duty on or about 20 Nov 54, and being drunk and disorderly in a public place, on or about 21 Nov 54.  He was sentenced to reduction in grade to airman basic, confinement at hard labor for one month, and a forfeiture of $55.

On 7 Nov 55, he was convicted by summary court-martial of breaking restriction to the base on or about 6 Nov 55.  He was sentenced to reduction in grade to airman basic, confinement at hard labor for one month, and a forfeiture of $55.

On 21 Aug 56, applicant was punished under the provisions of Article 15, UCMJ, for violation of a lawful regulation, in that he did not have his Armed Forces Liberty Pass in his possession on or about 17 Aug 56.  Punishment consisted of a reduction in grade to basic airman.

On 28 May 1957, a special court-martial convicted applicant of the following:  (1) Wrongful possession of 256 grains, more or less, of marijuana, on or about 18 Feb 57; (2) Wrongful use of marijuana, on or about 28 Jan 57.  Applicant pled not guilty to the specifications and the charges.  The military judge found him guilty on all charges and sentenced him to a bad conduct discharge (BCD), confinement for six months, forfeiture of $65.00 pay per month for six months, and reduction to the grade of airman basic (two previous convictions were considered).  The convening authority approved the sentence on 2 Jul 57, and the court-martial was affirmed on 29 Jul 57.  Applicant was discharged with a BCD on 9 Nov 57.  He was credited with 3 years, 3 months, and 22 days of active military service (excludes 184 days lost time due to confinement).

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided a copy of an investigation report, which is attached at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS found the discharge was consistent with the procedural and substantive requirements of the discharge regulation and recommended disapproval.  Additionally, the discharge was within the discretion of the discharge authority.  They also noted the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, or provide any facts warranting a change to his character of service.

A complete copy of the Air Force evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 Aug 04 for review and comment within 30 days.  As of this date no response has been received by this office.  (Exhibit E)

On 19 Aug 04, the applicant was invited to provide information concerning his post-service activities; however, he did not respond.

On 31 Aug 04, a copy of the FBI report was forwarded to the applicant for review/comment.  To date, no response has been received.

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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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, 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.

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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‑2004-02164 in Executive Session on 5 October 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Jul 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFPC/DPPRS, dated 30 Jul 04.
    Exhibit E.  Letter, SAF/MRBR, dated 6 Aug 04.