RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02457
		INDEX CODE:  110.00

		COUNSEL:  AMERICAN LEGION

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His discharge be upgraded to an honorable discharge and his narrative reason for separation changed to Convenience of Government.

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APPLICANT CONTENDS THAT:

He has been a good family man and a productive and good citizen in his community subsequent to his discharge in 1964.  He indicates it is an injustice for him to continue to suffer the adverse consequences of a bad conduct discharge.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 October 1953 and was honorably discharged on 25 March 1957.  He continued to reenlist contracting his last enlistment on 26 March 1963 in the grade of airman first class for a period of four (4) years.

The applicant was convicted by a special court-martial for the following offense:

Charge:  Violation of the Uniform Code of Military Justice, Article 86.

Specification:  The applicant did on or about 15 August 1963, without proper authority, absent himself from his organization, and did remain so absent until on or about 18 August 1963.

The applicant was found guilty of the specification and charge.  He was sentenced to a forfeiture of $100.00 pay.  Only so much of the sentence as provided for forfeiture of $86.00 was approved and duly executed.

The sentence was adjudged on 19 August 1963.

The applicant was convicted by a summary court-martial for the following offenses:

Charge:  Violation of the Uniform Code of Military Justice, Article 134.

Specification 1:  The applicant did on or about 27 June 1963, make and utter to the Bowlero Lanes, Inc., a certain check for the purpose of receiving lawful U.S. currency, and did thereafter wrongfully and dishonorably fail to maintain sufficient funds in the Northgate National Bank for payment of such check in full upon its presentment for payment.

Specification 2:  The applicant did on or about 1 July 1963, make and utter to the NCO Open Mess, Biggs AFB, Texas, a certain check for the purpose of receiving lawful U.S. currency and did thereafter wrongfully and dishonorably fail to maintain sufficient funds in the Northgate National Bank for payment of such check in full upon its presentment for payment.

Specification 3:  The applicant did on or about 6 July 1963, make and utter to the NCO Open Mess, Biggs AFB, Texas a certain check for the purpose of receiving lawful U.S. currency, and did thereafter wrongfully and dishonorably fail to maintain sufficient funds in the Northgate National Bank for payment for such check in full upon its presentment for payment.

Specification 4:  The applicant did on or about 12 July 1963, make and utter to the Bowlero Lanes Inc., a certain check for the purpose of receiving lawful U.S. currency, and did dishonorably fail to maintain sufficient funds in the Northgate National Bank for payment of such, check in full upon its presentment for payment.

Specification 5:  The applicant did on or about 12 July 1963, make and utter to the Bowlero Lanes Inc., a certain check for the purpose of receiving lawful U.S. currency, and did dishonorably fail to maintain sufficient funds in the Northgate National Bank for payment of such, check in full upon its presentment for payment.

The applicant was found guilty of all specifications and the charge.  He was sentenced to be discharged from the Air Force with a bad conduct discharge.

The sentence was adjudged on 15 November 1963.

On 13 December 1963, the Staff Judge Advocate recommended the applicant be separated with a bad conduct discharge.

Applicant was discharged on 10 February 1964, in the grade of airman basic with service characterized as under other than honorable conditions (UOTHC), under the provisions of AFR 39-18, Special Court Martial Order #8, dated 3 February 1964 and was issued a DD Form 259AF - Bad Conduct Discharge.  He served 10 years, 3 months, and 17 days of total active military service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated based upon the documentation on file in the applicant’s records, his discharge was consistent with the procedural and substantive requirements of the discharge regulation.  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.  He provided no facts warranting a change to his character of service or reason for separation.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 24 and 27 August 2004, a copy of the Air Force evaluation was forwarded to the applicant and counsel for review and response within 30 days.  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.	Insufficient relevant evidence has been presented to demonstrate the existence of an 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 (OPR) and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The evidence of record indicates he was sentenced to a BCD, as a result of his conviction by special court-martial for five counts of wrongfully and dishonorably failing to maintain sufficient funds in his checking account.  He now requests his under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge and his narrative reason for separation changed to Convenience of Government.  After a thorough review of the facts and circumstances of this case, we find no evidence which indicates the applicant’s discharge was improper or that it exceeded the limitations set forth in the Uniform Code of Military Justice (UCMJ).  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.  Notwithstanding the above, we note the applicant did not provide any information pertaining to his activities since leaving the service.  If he were to submit any post-service documentation, we would be inclined to reconsider his appeal as a matter of clemency.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and 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-2004-02457 in Executive Session on 21 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 July 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 20 August 2004.
   Exhibit D.  Letters, SAF/MRBR, dated 24 and 27 August 2004.