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AF | BCMR | CY1999 | 9803092
Original file (9803092.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03092
            INDEX CODE: 110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to general and he  be  awarded  the  Good  Conduct
Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has suffered an injustice in the character of his discharge.  He  further
states that upon his reassignment to Whitman AFB, MO, he was told  he  could
receive an early discharge if he would accept a general discharge.  He  also
feels that he deserves these awards.

In support of the appeal, applicant  submits  documents  pertaining  to  his
post service activities.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 September 1950,  for  four
years, in the grade of airman basic.

On 24 November 1954, the applicant’s commander recommended he appear  before
a board of officers to consider his fitness to remain in the  service.   The
commander’s reason for his recommended action was the applicant’s  inability
to adapt himself to the requirements expected of an airman of the USAF.   In
December 1951, applicant had been court-martialed for being  absent  without
leave (AWOL) from 27 September to 16 November 1951.  In  February  1954,  he
received his second court-martial for being drunk on station; and his  third
court-martial in October 1954, for being drunk on station.  On 2 June  1954,
he was given Article 15 punishment  for  operating  a  passenger  car  in  a
reckless manner.  He had a total of 206 days loss time due  to  being  AWOL,
in civilian confinement, and military confinement.  On 6 December  1954,  he
voluntarily submitted a request to be discharged.   On   16  December  1954,
the  discharge  authority  accepted  the  application  for   discharge   for
unfitness and directed the applicant  be  issued  an  undesirable  discharge
certificate.

The applicant, while serving in the grade of airman  basic,  was  discharged
from the Air Force on 23 December 1954 under the  provisions  of  AFR  39-17
(Unfitness)  and  receive  an  under   other   than   honorable   conditions
(undesirable) discharge.  He has already received a Korean War  Ribbon,  the
National Defense Service Medal.  He served 3 years, 7 months,  and  29  days
total active service.

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

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief,  Recognition   Programs   Branch,   AFPC/DPPPR,   reviewed   the
application and states that although the applicant turned  his  life  around
after his discharge from the Air Force, the  fact  remains  that,  while  on
active duty, his military service was characterized by  problems  throughout
his period of service.  Therefore, he is not eligible for the  Good  Conduct
Medal.  He has already received  a  Korean  War  Ribbon,  and  the  National
Defense Service Medal.  Therefore,  they  recommend  denial  of  applicant’s
request.

A complete copy of the evaluation is attached at Exhibit D.

The   Military   Personnel   Management   Specialist   Separations   Branch,
AFPC/DPPRS, reviewed the application  and  states  that  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation.  Additionally, it was within the sound  discretion  of
the discharge authority and the applicant was provided  full  administrative
due  process.   The  records  indicate  applicant’s  military  service   was
reviewed and  appropriate  action  was  taken.   Therefore,  they  recommend
denial of applicant’s request.

A complete copy of their evaluation is attached at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 May 1999, a  copy  of  the  Air  Force  evaluation  was  forwarded  to
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 5 October 1999, under the provisions of AFI 36-2603:

                 Mrs. Barbara A. Westgate, Panel Chair
                 Mr. Patrick R. Wheeler, Member
                 Mr. Edward H. Parker, Member
                 Ms. Phyllis L. Spence, Examiner (without vote)

The following documentary evidence was considered:

      Exhibit A. DD Form 149, undated, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.


      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPPR, dated 3 Mar 99.
      Exhibit E. Letter, AFPC/DPPRS, dated 21 Apr 99.
      Exhibit F. AFBCMR Letter, dated 10 May 99.




                             BARBARA A. WESTGATE
                             Panel Chair

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