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AF | BCMR | CY1999 | 9802273
Original file (9802273.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                 DOCKET NUMBER:  98-02273
                                  INDEX CODE:  110.00

                                  COUNSEL:  NONE

                                  HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His childhood was difficult and the military was a way  to  better  himself.
While in the military, he met and married his  wife.   With  the  war  over,
life was good until problems at home required  him  to  decide  between  his
family and his military career.  He sought  advice  from  his  chaplain  who
helped his commanding officer decide to have him separate from the  military
with an other than honorable condition discharge.  He states the reason  for
his request to upgrade his discharge is so that his family can bury  him  in
a Maryland military cemetery.

In support of his request, he submits a personal statement.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records  were  destroyed  by  fire  in  1973.
Therefore, neither his service in the Air Force nor  the  facts  surrounding
his separation can be verified.

Based on available records, applicant enlisted in the Regular Air  Force  on
14 January 1954 for a period of four (4) years.

On 26 October 1956, applicant was discharged in the grade of  airman  basic,
under the provisions of AFR 39-17 (Unfitness), and received an  under  other
than honorable conditions discharge.  He served 2 years,  9  months  and  13
days total active duty.



Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., was unable to identify with  arrest  record  on  basis  of
information furnished Exhibit F.

_________________________________________________________________

AIR FORCE EVALUATION:

The Director of Personnel Program Management, HQ  AFPC/DPPRS,  reviewed  the
application and  states  that  applicant’s  master  personnel  records  were
destroyed  in  the  St.  Louis  fire  and  they  are  unable   to   make   a
recommendation.  He has not filed a timely request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  21
December 1998 for review and response within 30 days.  As of this  date,  no
response has been received by this office.

Applicant  has  provided,  through  his  Senator’s   office,   documentation
regarding his post service activities.  Exhibit E.

_________________________________________________________________

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.     We  find  no  impropriety  in  the  characterization  of  applicant's
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that applicant was  not
afforded all the rights to which entitled at  the  time  of  discharge.   We
conclude,  therefore,  that  the  discharge  proceedings  were  proper   and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

4.    We also find insufficient evidence to warrant  a  recommendation  that
the discharge be upgraded on the basis  of  clemency.   We  have  considered
applicant's overall quality of service, the events  which  precipitated  the
discharge, and
available evidence related to post-service activities  and  accomplishments.
On balance, we do not believe that clemency is warranted.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 this application in  Executive
Session on 27 May 1999, under the provisions of AFI 36-2603:

                  Mr. Douglas J. Heady, Panel Chair
                  Dr. Gerald B. Kauvar, Member
                  Ms. Peggy E. Gordon, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 3 December 1998.
   Exhibit D.  Letter, SAF/MIBR, dated 21 December 1998.
   Exhibit E.  FBI Report.





                                DOUGLAS J. HEADY
                                Panel Chair


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