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AF | BCMR | CY1999 | 9900370
Original file (9900370.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00370
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge.

APPLICANT CONTENDS THAT:

His discharge was inequitable because it was  based  on  one  isolated
incident (pre-service civilian conviction - he was 17  years  old)  in
all his months of service, with no other adverse action.  After he had
enlisted and was waiting to attend basic training, he was with a group
of teenagers who were arrested for burglary and  car  theft.   He  was
told by the judge that if he pleaded guilty, he  would  be  placed  on
probation and have his record expunged.  However, his record as  a  17
year  old  was  never  expunged.   He  has   subsequently   become   a
constructive  and  productive  taxpaying  citizen  that  warrants  all
benefits, just like any other veteran.

In  support  of  his  request,  the  applicant  submits  DD  Form  293
(Application for the Review of Discharge or Dismissal from  the  Armed
Forces of the United States) and a copy of his resume (Exhibit A).

STATEMENT OF FACTS:

Applicant's military personnel records reflect that he enlisted in the
Regular Air Force on 25 Apr 55 for a period of 4 years.   He  received
an undesirable discharge on 10 Mar 56 under the provisions of AFR  39-
22, Para. 5 (civil court conviction).  He had completed a total  of  7
months and 26 days of active duty service at the time of discharge.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 17 Aug 99, that, on  the  basis  of  data
furnished, they are unable to locate an arrest record.

The relevant facts pertaining to this application 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.


AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, indicated that, on 23  Feb  56,
applicant’s  commander  requested  the  applicant   be   involuntarily
discharged due to his civil conviction.  On 20 Jan 56,  the  applicant
was found guilty of burglary, with intent  to  commit  theft  and  was
sentenced to confinement in the Texas State penitentiary for 3  years,
to be confined and imprisoned for the period of not less  than  2  nor
more than 3 years.  On 23 Feb 56, the discharge authority approved the
recommendation for discharge and directed the applicant  be  given  an
under other than honorable conditions (undesirable) discharge.

DPPRS recommended the application be denied.  DPPRS  stated  that  the
discharge complies with directives  in  effect  at  the  time  of  the
applicant’s discharge.  The record indicates the applicant’s  military
service was reviewed and appropriate action was taken.  The  applicant
did not identify any specific errors in the discharge  processing  nor
did he provide facts which warrant an  upgrade  of  the  discharge  he
received 43 years ago (Exhibit C).

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  10
May 1999 for review and response.  As of this date,  no  response  has
been received by this office (Exhibit D).

Pursuant to the Board’s request, a letter was sent  to  the  applicant
concerning submission of additional post-service evidence (Exhibit E).
 Other than an undated letter, the additional evidence  the  applicant
submitted was included in his application package (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.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice.  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  noted  the
documentation  the  applicant  provided  regarding  his   post-service
activities.  While we  commend  the  applicant  for  his  post-service
accomplishments, we do not find this limited  evidence  sufficient  to
warrant upgrading his discharge based on clemency at  this  time.   We
therefore conclude that no basis exists to recommend favorable  action
on the applicant’s request.

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 September 1999 and 23 December 1999, under the
provisions of AFI 36-2603:

                  Mrs. Barbara A. Westgate, Panel Chair
                  Mr.Vaughn E. Schlunz, Member
                  Mr. Steven A. Shaw, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Feb 99, w/atchs, and
                   Letter from applicant, dated 17 Aug 99, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 19 Apr 99.
   Exhibit D.  Letters, SAF/MIBR, dated 10 May 99 and
                   AFBCMR, dated 21 Jul 99, w/atch.
   Exhibit E.  Letter, AFBCMR, dated 1 Oct 99.
   Exhibit F.  Note from applicant, undated, forwarding atchs.




                                   BARBARA A. WESTGATE
                                   Panel Chair

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