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AF | BCMR | CY1999 | 9802212
Original file (9802212.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  98-02212 
COUNSEL:  NONE 

HEARING DESIRED:  NO 

FEB  2 5  8% 

Applicant  requests  that  his  10  April  1950  general  discharge  be 
changed to honorable.  Applicant's submission is at Exhibit A. 

The facts surrounding his separation from t h e   Air Force are  unknown 
inasmuch as the discharge correspondence is not available. 
The appropriate Air  Force office evaluated applicant's request and 
provided  an  advisory  opinion  to  the  Board  recommending  the 
application  be  denied  (Exhibit  C) . 
The  advisory  opinion  was 
As 
forwarded to the applicant for review and response 
of this date, no response has been received by this office. 

(Exhibit D). 

After  careful  consideration  of 
applicant's  request  and  the 
available  evidence  of  record,  we  find  insufficient  evidence  of 
error  or  injustice  to  warrant  corrective  action.  The  facts  and 
opinions stated  in the advisory opinion appear to be based  on the 
evidence of record and have not been rebutted by applicant.  Absent 
persuasive  evidence applicant was denied rights to which entitled, 
appropriate regulations were not followed, or appropriate standards 
were not applied, we find no basis to disturb the existing record. 

Accordingly, applicant's request is denied. 

I 

The  Board  staff  is directed to inform applicant of this decision. 
Applicant  should also be  informed that  this decision is final and 
will  only  be  reconsidered  upon  the  presentation  of  new  relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members of the Board, Mrs. Barbara A.  Westgate, Mr. Henry Romo Jr., 
and  Mr.  Kenneth  L.  Reinertson,  considered  this  application  on 
28 January  1999  in  accordance  with  the  provisions  of  Air  Force 
Instruction 36-2603 and the governing statute, 10 U.S.C.  1552. 

BARBARA A. WESTGA 
Panel Chair 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinion 
D.  SAF/MIBR L t r   Forwarding Advisory Opinion 

D E P A R T M E N T  O F  T H E  A I R   F O R C E  

HEADQUARTERS AIR  FORCE  PERSONNEL CENTER 

RANDOLPH AIR  FORCE BASE TEXAS 

OCT  2  0  1998 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPRS 

550 C Street West, Suite 11 
Randolph AFB TX  78 150-47 13 

SUBJECT:  Application for Correction of Military Record 

The applicant, while serving in the grade of private, was discharged fiom the Air Force on 

10 Apr 50 under the provisions of AFR 39-14 (Convenience of the Government) with an under 
honorable conditions (general) discharge.  He served 02 years 01 month and  12 days active 
service. 

Requested Action.  The applicant is requesting his discharge be changed to honorable.  He 
states he went to Los Angeles one night with his buddies and on the way back they saw an empty 
car that supposedly belong to a Col and they stripped the car in spite of his protest.  Because he 
was with them, he was charged with being an accessory to the fact and even though the court 
cleared him, he was given a general discharge fiom the Air Force. 

Conclusion and Recommendation.  Denial.  Applicant’s master personnel records indicate 
he was reduced in grade to private on 20 Mar 50 for misconduct which was less than one month 
prior to his discharge date.  The discharge authority could have issued either an honorable or an 
under honorable conditions (general) discharge in accordance with AFR 3 9- 14 and the discharge 
authority determined the under honorable conditions (general) discharge appropriately 
characterized the applicant’s service.  He has not filed a timely request. 

%6{S JOHN C.  OOTEN, DAF 
Mil Personnel Mgt Spcl 
Separations Branch 
Dir of Personnel Program Mgt 



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