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AF | BCMR | CY1999 | 9900552
Original file (9900552.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00552
            INDEX CODE: 110.00

            COUNSEL: None

            HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

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  is  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.

_________________________________________________________________

AIR FORCE EVALUATION:

The Mil Personnel  Mgt  Specialist,  Separations  Branch,  AFPC/DPPRS,
reviewed the application and states  that  based  on  the  information
submitted in the case and considering the  offenses  that  caused  the
applicant to be given a UOTHC discharge, they would have no  objection
to an upgrade of  his  discharge  to  an  under  honorable  conditions
(general) discharge.

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
27 May 1999, for review and response.  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.  Considered alone, we conclude  the  discharge  proceedings
were proper and characterization of the discharge was  appropriate  to
the existing circumstances.

4.    Consideration of this Board, however,  is  not  limited  to  the
events which precipitated the  discharge.   We  have  a  Congressional
mandate  which  permits  consideration   of   other   factors;   e.g.,
applicant's background, the overall  quality  of  service,  and  post-
service activities and accomplishments.   Further,  we  may  base  our
decision on matters of inequity and clemency  rather  than  simply  on
whether rules and regulations which existed at the time were followed.
 This is a much broader consideration than officials involved  in  the
discharge were permitted, and our decision in no  way  discredits  the
validity of theirs.

5.    Under our broader mandate and after careful consideration of all
the facts and circumstances of applicant's case, we are persuaded that
applicant has become a productive member of society.  We recognize the
adverse impact of the discharge applicant received; and, while it  may
have been appropriate at the time, we believe it would be an injustice
for applicant to continue to suffer its effects.  Accordingly, we find
that corrective action in the form of an  upgrade  to  general,  under
honorable conditions, is appropriate as a matter of equity and on  the
basis  of  clemency.   Applicant’s  request  for  a  fully   honorable
discharge was considered; however, we do not believe that the  overall
record supports a further upgrade.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to  reflect  that  on  19 November
1965, he was discharged with service characterized as  general  (under
honorable conditions).
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 August 1999, under the provisions of  AFI  36-
2603:

         Mr. Benedict A. Kausal, Panel Chair
         Mr. John E. Pettit, Member
         Mr. Joseph A. Roj, Member
         Ms. Gloria J. Williams, Examiner (without vote)

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Feb 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 8 May 99.
   Exhibit D.  Letter, AFBCMR, dated 27 May 99.




                                   BENEDICT A. KAUSAL
                                   Panel Chair


AFBCMR 99-00552




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 19 November
1965, he was discharged with service characterized as general (under
honorable conditions).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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