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AF | BCMR | CY1999 | 9803293
Original file (9803293.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-03293
            INDEX CODE:  110.00

      XXX XX XXXX      COUNSEL:  NONE

XXX XXX XXX HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air  Force.  Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

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

_________________________________________________________________

AIR FORCE EVALUATION:

The Directorate of Personnel Program  Management,  HQ  AFPC/DPPRS,  reviewed
this application and states that on 10 February 1956, applicant’s  commander
requested that he be involuntarily  discharge  for  civil  conviction.   The
commander indicated in his letter of recommendation that applicant had  been
convicted by civil court for possession of narcotics.   Commander  indicated
applicant was tried and sentenced to sixty  days  in  the  County  jail  and
given three years probation, after pleading guilty of the violation.  On  16
February 1956, the  discharge  authority  approved  the  recommendation  for
discharge and directed the applicant be given an under other than  honorable
conditions (undesirable) discharge.

Applicant had three years satisfactory service except for one  incident  for
fist fighting.  In their review of  the  applicant’s  overall  record,  they
would have no objections to an upgrade of his discharge to  under  honorable
conditions (general).

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 January 1999, a copy of the Air Force evaluation was forwarded to  the
applicant for review and response within thirty 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. Insufficient relevant evidence has  been  presented  to  demonstrate  the
existence of probable error or injustice.  The Air Force in  their  advisory
of 30 December 1998, indicate  that  in  their  review  of  the  applicant’s
overall record  they  would  have  no  objection  to  upgrading  applicant’s
discharge to general.  However,  based  on  the  offense  of  possession  of
narcotics and sentenced to sixty days in a county jail, we  do  not  believe
that an upgrade of his discharge is warranted.  Therefore, favorable  action
on this appeal is not recommended.

_________________________________________________________________

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 9 December 1999, under the provisions of AFI 36-2603:

            Mr. Vaughn E. Schlunz, Panel Chair
            Mr. Gregory H. Petkoff, Member
            Dr. Gerald B. Kauvar, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 3 November 1998, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 30 December 1998.
      Exhibit D.  Letter, SAF/MIBR, dated 18 January 1999.
      Exhibit E.  FBI Report.




               VAUGHN E. SCHLUNZ
               Panel Chair

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