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AF | BCMR | CY1998 | BC-1998-01784
Original file (BC-1998-01784.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01784
            INDEX CODE:  A03.00

      .     COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The words “Under Honorable Conditions” be added to his  DD  Form  214,
Report of Separation From The Armed Forces of the United  States;  or,
his general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His general discharge was prejudicial  and  unfair.   He  should  have
received an honorable discharge.  He did not have a bad record  during
his time in the Air Force.

His DD Form 214 should at least  read  as  it  did  on  his  discharge
certificate; that is, “Under Honorable Conditions.”

In support of his appeal, the applicant provided a personal  statement
and a copy of his DD Form 214 (Exhibit A).

Pursuant to  the  Board’s  request,  the  applicant  provided  several
supportive statements (Exhibit C).

_________________________________________________________________

STATEMENT OF FACTS:

Limited  documentation  was  available.   The  applicant’s   available
military personnel records indicate that he enlisted  in  the  Regular
Air Force on 27 Aug 47 for a period of 3 years.   On  27 Jul  50,  the
applicant extended his enlistment for a period of 12 months, resulting
in a date of separation (DOS) of 26 Aug 51.   During  his  service  on
active duty, the applicant’s character and efficiency ratings,  except
for his initial character and efficiency rating, which  was  rated  as
unknown, were excellent.  He was also  considered  favorably  for  the
Good Conduct Medal.

On 7 Dec  50,  the  applicant  was  cited  by  civil  authorities  for
disturbance and fined $50.00.  He was given a verbal reprimand by  his
squadron commander and informed that future violations of  civil  laws
would not be tolerated.

On 9 Feb 51, the applicant was apprehended by  the  civil  authorities
for being drunk, disturbance, and aggravated assault.

On 14 Feb 51, the applicant was notified by his commander that it  was
his intention to have him  demoted  from  the  grade  of  corporal  to
private because he had undesirable  habits  and  traits  of  character
which did not warrant discharge from the service.

By Special Order Number 32, dated 16 Feb 51, the applicant was demoted
from the grade of corporal to private for reasons of misconduct.

Applicant was discharged on 3 Sep 51 under the provisions of AFR 39-10
(Expiration  of  Term  of  Service  (ETS))  and  furnished  a  general
discharge.  He was credited with fours years of active duty service.

On 15 Jul 54, the Air Force Discharge Review Board (AFDRB)  considered
and denied the applicant’s  request  that  his  general  discharge  be
upgraded to honorable.

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

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice.  No evidence has been presented which
would lead us to believe that the applicant’s  general  discharge  was
improper or contrary to the directive under  which  it  was  effected.
Nevertheless, in view of the applicant’s mostly  excellent  efficiency
ratings, the passage  of  time,  and  the  post-service  documentation
provided, we believe that upgrading his discharge to  honorable  as  a
matter of clemency would be appropriate.   Accordingly,  we  recommend
that the applicant’s general discharge be upgraded to honorable.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 3 Sep 51,  he  was
honorably discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 Dec 98, under the provisions of AFI 36-2603:

      Mr. Henry C. Saunders, Panel Chair
      Ms. Ann L. Heidig, Member
      Ms. Sophie A. Clark, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 19 Jun 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, applicant, dated 8 Sep 98, w/atchs.
     Exhibit D.  FBI Report.




                                   HENRY C. SAUNDERS
                                   Panel Chair




AFBCMR 98-01784




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to     , be corrected to show that on 3 Sep 51, he was
honorably discharged and furnished an Honorable Discharge certificate.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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