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AF | BCMR | CY1999 | 9900805
Original file (9900805.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-00805
                             INDEX CODE: 110.00

                             COUNSEL: NONE

                             HEARING DESIRED: NO

___________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Being young at the time, he was given bad advice and  truly  regrets  it  to
this day.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  24  November  1959  in  the
grade of airman basic for a period of four years.

On 29 March 1965, applicant  was  notified  of  his  commander's  intent  to
initiate   discharge   action   against   him   because   he    demonstrated
characteristics of unsuitability and could not develop skills  in  absorbing
military training to become a satisfactory  airman.   He  had  been  removed
from 5-level on-the-job training (OJT) due to his inability  to  concentrate
on any one job and constantly failing to accomplish his assigned tasks.   An
evaluation officer (EO) advised that the applicant did not desire to  submit
a rebuttal  or  to  make  any  statements.   The  EO  recommended  that  the
applicant be discharge for unsuitability and given a general discharge.   On
5 April 1961,  the  discharge  authority  approved  the  recommendation  for
discharge.

Applicant was discharged on 18 April 1961, in  the  grade  of  A/3C  with  a
general (under honorable conditions) discharge, under the provisions of  AFR
39-16 (Unsuitability).  He had completed 1 year, 4 months  and  25  days  of
total active military service.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  investigation,
Washington, D.C., indicated that on the basis of the  data  furnished,  they
were unable to locate an arrest record (Exhibit E).

___________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, states that there are  no  errors  or
irregularities  causing  an  injustice  to  the  applicant;  and  that   the
discharge complies with directives in effect at the time of  his  discharge.
Applicant did not identify any specific errors in the  discharge  processing
nor provide facts that warrant an upgrade  of  the  discharge  he  received.
Therefore, they recommend denial of his request.

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

___________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the  Board’s  request  for  post-service  documentation,  the
applicant submitted additional documentation which is  attached  at  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.     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  equity
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 been  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 is appropriate as a matter of equity and on the  basis  of
clemency.

___________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 18 April 1961, he  was  honorably
discharged and furnished an Honorable Discharge certificate.


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
            Dr. Gerald B. Kauvar, Member

            Mr. Gregory H. Petkoff, Member


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

   Exhibit A.  DD Form 149, dated 5 April 1999, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 25 June 1999.
   Exhibit D.  Letter, SAF/MIBR, dated 2 August 1999.
   Exhibit E.  Letter, Applicant, undated, w/atchs.
   Exhibit F.  FBI Report.




                 VAUGHN E. SCHLUNZ
                 Panel Chair


AFBCMR 99-00805





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 xxxxxxxx, be corrected to show that on 18 April 1961, he was
honorably discharged and furnished an Honorable Discharge certificate.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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