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AF | BCMR | CY1999 | 9901268
Original file (9901268.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-01268
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.

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:

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated that, on the basis of  data  furnished,  they  are
unable to locate an arrest record.

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 Separations Branch, HQ  AFPC/DPPRS,  stated  that  on  14  Dec  56,  the
applicant was advised by his commander  that  involuntary  discharge  action
was initiated against him for being an unproductive airman.  On 18  Jan  57,
the applicant was discharged, in the grade of airman third class, under  the
provisions of  AFR  39-16  (Inaptitude)  and  received  an  under  honorable
conditions (general) discharge.  DPPRS indicated that the applicant did  not
identify  any  specific  errors  in  the  discharge  processing.    However,
considering the discharge occurred over 42  years  ago,  the  applicant  was
less than 20 years old, had served honorably for more  than  1  year  and  9
months, and considering the reason  for  the  initiation  of  the  discharge
action, DPPRS recommended clemency.  If a check of  the  Federal  Bureau  of
Investigation (FBI) files proves negative, DPPRS recommended  the  discharge
be upgraded to honorable.  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  1  October
1999 for review and response.   As  of  this  date,  no  response  has  been
received by this office (Exhibit D).

Pursuant to the  Board’s  request,  the  applicant  provided  correspondence
pertaining to his post-service activities (Exhibit F).

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.  Although there is  no  indication
in the evidence provided that the applicant’s service  characterization  was
erroneous or unjust at the time he was separated, it  is  our  opinion  that
the  evidence  provided  is  sufficient  to  warrant  the  approval  of  the
requested relief based on clemency.  In the more than  42  years  since  his
separation, there is substantial evidence to  indicate  that  the  applicant
has been a productive and valued member of his community.  In  view  of  the
foregoing, we believe that the ends of justice would not be  served  by  the
continued imposition of an under honorable conditions  (general)  discharge.
We therefore recommend that his 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 18 January 1957, he was  honorably
discharged and furnished an Honorable Discharge certificate.

The following members of the Board considered this application in  Executive
Session on 14 December 1999 and 23 March 2000, under the provisions  of  AFI
36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Mr. William H. Anderson, Member
              Mr. Philip Sheuerman, Member

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

   Exhibit A.  DD Form 149, dated 20 May 99, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 9 Sep 99.
   Exhibit D.  Letter, SAF/MIBR, dated 1 Oct 99.
   Exhibit E.  Letter, AFBCMR, dated 16 Dec 99.
   Exhibit F.  Post-Service documentation.



                                   CHARLENE M. BRADLEY
                                   Panel Chair
AFBCMR 99-01268




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 18 January 1957, he was
honorably discharged and furnished an Honorable Discharge certificate.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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