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AF | BCMR | CY1999 | 9900938
Original file (9900938.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-00938
            INDEX CODE: 110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Based on his past records and an honorable discharge 16 March 1951, he
admits he made a few mistakes but that should not render retention  in
the service in the form of an undesirable discharge.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 17 March  1951,  for  a
period of six years.

The applicant appeared before an  administrative  discharge  board  of
officers for the purpose of determining his fitness for  retention  in
the military.  The reason for the board was  that  the  applicant  had
repeatedly committed offenses punishable by summary  court-martial  as
well as petty offenses.  He  was  afforded  counsel  and  was  present
during the board proceedings.  Evidence introduced indicated applicant
had been court-martialed for being absent from his place of duty  less
than 24 hours.  He was court-martialed for driving a  vehicle  without
an operator permit and again court-martialed for breaking restriction.
 He had a total of 60 days lost time due to military  confinement  for
these convictions.  The Board’s findings were that the  applicant  had
given evidence of habits that rendered his retention in  the  military
as undesirable.  The Board recommended an undesirable discharge.

The applicant, while  serving  in  the  grade  of  airman  basic,  was
discharged from the Air Force on 2 June 1953, under the provisions  of
AFR 39-17 (Unfitness)  and  received  an  undesirable  discharge.   He
served 5 years 2 months and 24 days total active service.

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

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel Management Specialist, AFPC/DPPRS, reviewed the
application and  states  that  the  applicant  did  not  identify  any
specific errors in the  discharge  processing.   However,  considering
applicant’s age at the time of the incidents, his otherwise  honorable
service record and the severity of the crime, they recommend clemency.
 If a check of  the  Federal  Bureau  of  Investigation  files  proves
negative, they recommend the discharge be upgraded to under  honorable
condition (general) discharge.

A complete copy of the evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 August 1999, a copy of the Air Force evaluation was forwarded  to
the applicant 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice warranting an upgrade  of
applicant’s discharge one under honorable  conditions  (general).   As
stated  in  the  Air  Force  evaluation,   they   recommend   clemency
considering  applicant’s  age  at  the  time  of  the  incidents,  his
otherwise honorable service record and  the  severity  of  the  crime.
They also recommend the  discharge  be  upgraded  to  under  honorable
condition (general) if a check of the Federal Bureau of  Investigation
files proves negative.  Since it appears that the applicant  has  been
clear of any criminal involvement since his  discharge,  we  recommend
his discharge up upgraded to an under honorable conditions  (general).
His request for an honorable discharge was considered; however,  based
on his overall record, we  do  not  believe  that  a  fully  honorable
discharge is warranted.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 2  June  1953,  he
was discharged with service characterized as general (under  honorable
conditions).

_________________________________________________________________

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
                  Mr. Gregory H. Petkoff, Member
                  Dr. Gerald B. Kauvar, Member
                  Ms. Phyllis L. Spence, Examiner (without vote)

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

   Exhibit A.  DD Form 149, dated 24 Apr 99.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report
   Exhibit D.  Letter, AFPC/DPPRS, dated 15 Jul 99.




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair





AFBCMR 99-00938
INDEX CODE:  110.00



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 2 June 1953,
he was discharged with service characterized as general (under
honorable conditions).





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



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