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AF | BCMR | CY1999 | 9803285
Original file (9803285.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03285
            INDEX CODE:  A50.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and wanted to get married.  His girlfriend wanted him  to
get out of the Air Force.  He did not realize the  problems  it  would
cause at the time he accepted the discharge.

In  support  of  his  appeal,  the  applicant  provided  a  supportive
statement.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The majority of the applicant’s records were lost or  destroyed.   The
available records reflect that,  on  31  May  50,  the  applicant  was
discharged under the provisions of AR  615-368  (Unfitness),  with  an
undesirable discharge.  He was credited with 2 years, 3 months, and 12
days of active duty service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided a copy of an investigation report,
which is at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch,  AFPC/DPPRS,  reviewed  this  application  and
indicated that because the applicant’s master personnel  records  were
destroyed in a fire, they are unable to make a recommendation.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his initial response, the applicant indicated that  he  has  had  a
pretty good life since leaving the Air  Force.   It  is  his  greatest
desire to have an upgrade of his discharge.   He  would  be  eternally
grateful.

By letter, dated 19  Jul  99,  the  applicant  provided  a  subsequent
response.

Applicant’s complete responses are at Exhibit F.

_________________________________________________________________

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 error or  injustice.   The  evidence  of  record
reflects that the applicant was discharged for unfitness.  No evidence
has been presented which would lead the Board to believe his discharge
was improper or contrary to the directive under which it was effected.
 However, it was noted that the  applicant  was  discharged  in  1950.
Furthermore, it appears that he has made a  successful  transition  to
civilian life.  Therefore, a majority of the Board  believes  that  to
continue to stigmatize him with  an  undesirable  discharge  would  be
unduly harsh and serves no  purpose.   The  Board  majority  does  not
believe an  honorable  discharge  is  warranted  due  to  the  limited
documentation provided by the applicant regarding his activities since
his discharge from the service.  However, in view of  the  passage  of
time and the applicant’s post-service adjustment, the  Board  majority
is of the opinion that upgrading the applicant’s discharge to general,
based on clemency, would be appropriate.  Accordingly, a  majority  of
the Board recommends that the  applicant’s  undesirable  discharge  be
upgraded to general.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 31 May 50, he
was discharged with service characterized as general (under  honorable
conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 Nov 99, under the provisions of AFI 36-2603:

      Mr. Douglas J. Heady, Panel Chair
      Mr. Clarence D. Long III, Member
      Ms. Marcia J. Bachman, Member

By a majority vote,  the  Board  voted  to  correct  the  records,  as
recommended.  Mr. Heady voted to deny the appeal but did not desire to
submit a minority report.   The  following  documentary  evidence  was
considered:

     Exhibit A.  DD Form 149, dated 3 Dec 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI report.
     Exhibit D.  Letter, AFPC/DPPRS, dated 11 Jan 99.
     Exhibit E.  Letter, SAF/MIBR, dated 25 Jan 99.
     Exhibit F.  Letters, applicant, dated 26 Jan 99 and
                 19 Jul 99.




                                   DOUGLAS J. HEADY
                                   Panel Chair










AFBCMR 98-03285




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 31 May 50, he was
discharged with service characterized as general (under honorable
conditions).





    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency

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