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AF | BCMR | CY1999 | 9900751
Original file (9900751.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NO:  99-00751
                             INDEX CODE:  110.00

                                  COUNSEL:  NONE

                                  HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.
_________________________________________________________________

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,
Clarksburg, WV, indicated on 20 October 1999, that, on  the  basis  of
data furnished, they are unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, reviewed this  application  and
recommended the discharge be upgraded to an under honorable conditions
(general) discharge if a check of the FBI files  proves  negative.   A
complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  19
July 1999 for review and response.  As of this date, no  response  has
been received by this office (Exhibit D).

_________________________________________________________________

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 injustice.  After reviewing the  applicant’s
submission  and  the  evidence  of  record,  we  are  persuaded   that
corrective action is appropriate as a matter  of  equity  and  on  the
basis of clemency.  In this respect, we  are  in  agreement  with  the
opinion and recommendation of the appropriate  Air  Force  office,  HQ
AFPC/DPPRS, that considering applicant’s age and  apparent  immaturity
at the time of the incidents, the minor nature of his misdeeds and his
stated contributions to society over the past 45 years, his  discharge
should be upgraded to general.  Accordingly,  we  recommend  that  the
records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that, on 1  December  1954,
he  was  discharged  with  service  characterized  as  general  (under
honorable conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 28 September  and  4  November  1999,  under  the
provisions of AFI 36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Ms. Dorothy P. Loeb, Member
              Mr. Joseph A. Roj, Member

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

   Exhibit A.  DD Form 149, dated 17 Mar 99.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 24 Jun 99.
   Exhibit D.  Letter, SAF/MIBR, dated 19 Jul 99.
       Exhibit E.  Statement, Federal Bureau of Investigation, dtd
               20 Oct 1999.



                                   CHARLENE M. BRADLEY
                                   Panel Chair







AFBCMR 99-00751





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 APPLICANT be corrected to show that, on 1 December
1954, he was discharged with service characterized as general (under
honorable conditions).




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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