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AF | BCMR | CY1999 | 9900662
Original file (9900662.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00662
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is and always has been an honorable person.  He  states  that  he  signed
his rights away when he was told that he should “take  the  quick  discharge
because it could easily be changed later  instead  of  a  hearing  or  court
martial.”  He states that he was young and stupid.

In support  of  his  appeal,  the  applicant  provided  character  reference
statements.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 14 May 1953 for a  period  of
four (4) years.

On 26 June 1954, applicant was court-martialed  for  failure  to  repair  18
June and 22 June 1954, and absent without leave (AWOL) 19 June and  21  June
1954.  He was found guilty and the following punishment  imposed:   30  days
confinement at hard labor and a fine of $55.00.

On 10 August 1954, applicant was court-martialed for leaving  his  place  of
duty on 3 and 4  August  1954.   He  was  found  guilty  and  the  following
punishment imposed:  30 days  confinement  at  hard  labor  and  a  fine  of
$55.00.




On 18 December 1954, applicant was discharged in the grade of airman  basic,
under the provisions of AFR 39-17 by reason of (Unfitness) and  received  an
undesirable discharge.  He served 1 year, 3 months and 3 days  total  active
duty.

Applicant’s request for an upgrade of discharge and  a  waiver  to  reenlist
was considered and denied by the Air Force Discharge  Review  Board  (AFDRB)
on 21 March 1958 (Exhibit B).

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Washington, D.C., indicated that they were unable to  identify  with  arrest
record on basis of information furnished.  (Exhibit E.)

_________________________________________________________________

AIR FORCE EVALUATION:

The  Military  Personnel  Management  Specialist,  Separations  Branch,   HQ
AFPC/DPPRS, reviewed this application and states that the applicant did  not
identify any specific errors in the discharge processing nor  provide  facts
warranting an  upgrade  of  the  discharge  he  received.   Therefore,  they
recommend denial of applicant’s request.

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 1  June
1999, 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.

5.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

_________________________________________________________________

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. Edward H. Parker, Member
                  Mr. Patrick R. Wheeler, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 March 1999.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 12 May 1999.
   Exhibit D.  Letter, SAF/MIBR, dated 1 June 1999.
   Exhibit E.  FBI Report.





                                BARBARA A. WESTGATE
                                Panel Chair

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