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AF | BCMR | CY1999 | 9901289
Original file (9901289.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-01289
            INDEX NUMBER: 110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct 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:

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.

A check of Federal Bureau of Investigation (FBI) files revealed  no
negative information (Exhibit B).

___________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, AFPC/DPPRS, reviewed this  application  and
recommended upgrading the discharge to  general  on  the  basis  of
clemency, provided a check of  FBI  files  proves  negative.   They
considered Applicant’s excellent proficiency ratings, the  severity
of the crime,  and  his  otherwise  honorable  service  record.   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  the  applicant
on 3 Sep 99, for review and comment within  30  days  (Exhibit  D).
Additionally, on 23 Sep 99, the AFBCMR requested that the applicant
provide information pertaining to his activities since leaving  the
service (Exhibit E).   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  injustice.    After   reviewing   the
applicant’s military service record, we are persuaded that  partial
relief is appropriate 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  the
applicant’s  age  and  apparent  immaturity  at  the  time  of  the
incidents, the minor nature of his misdeeds and the fact  that  his
FBI report indicates no adverse information over the past 45 years,
his discharge should be upgraded to general.  In the absence of any
information from the applicant  documenting  his  activities  since
leaving the service, we are not inclined to favorably consider  his
request for an honorable discharge.  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  7  September
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 16 November 1999, under the provisions of  AFI
36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Patricia D. Vestal, Member
      Dr. Gerald B. Kauvar, Member

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

     Exhibit A.  DD Form 149, dated 26 May 99, w/atchs.
     Exhibit B.  FBI Report.
     Exhibit C.  Letter, AFPC/DPPRS, dated 16 Aug 99.
     Exhibit D.  Letter, SAF/MIBR, dated 3 Sep 99.
     Exhibit E.  Letter, AFBCMR, dated 23 Sep 99.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR 99-01289




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 7
September 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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