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AF | BCMR | CY2000 | 0000698
Original file (0000698.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-00698
                       INDEX CODE:  110.00
      APPLICANT (Deceased)   COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His late father’s under other than honorable conditions  discharge  be
upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His father was wrongly discharged from the Air Force for admitting  to
smoking marijuana.  He states he has  never  seen  or  had  reason  to
believe that his father was involved with marijuana.   He  would  like
his father’s discharge upgraded to honorable  for  his  name  and  for
being a loving father and upstanding citizen.

Applicant's complete submission is attached 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,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel  Specialist,  Separations  Branch,  AFPC/DPPRS,
reviewed this application and states that member’s commander initiated
involuntary discharge action against  him  for  admitting  to  smoking
marijuana.  Based on the evidence provided, they recommend  since  his
discharge was over 40  years  ago  and  the  member,  except  for  the
incident regarding his discharge, served  honorably  and  if  the  FBI
report proves negative to upgrade his  discharge  to  under  honorable
conditions (general) based on clemency.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report  were  forwarded
to the applicant on 12 May 2000 and 9 August 2000,  respectively,  for
review and response.  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 of timely file.

3.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice warranting an upgrade  of
the applicant’s father’s discharge.  No evidence  has  been  presented
which would lead the Board to believe the service  member’s  discharge
was improper or contrary to the directive under which it was effected.
 Nevertheless, after 40 years, and in view of his apparent  successful
transition to civilian life, we are of the opinion that upgrading  the
service member’s discharge to general  (under  honorable  conditions),
based on clemency, would be appropriate.  Further, while we  note  the
FBI report contains one entry in 1985, there was no disposition of the
charge leading us to  believe  that  it  was  dismissed.   Applicant’s
request for an honorable discharge for his father was  considered  but
based on the overall records, a  further  upgrade  is  not  warranted.
Therefore, we recommend the service member’s records be correct to the
extent 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 23 October 1959, he
was discharged  with  the  service  characterized  as  general  (under
honorable conditions).

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 October 2000, under the provisions of AFI  36-
2603:

            Mr. Vaughn E. Schlunz, Panel Chair
            Ms. Brenda L. Romine, Member
            Mr. Roger E. Willmeth, Member

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

      Exhibit A. DD Form 149, dated 10 March 2000, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, HQ AFPC/DPPRS, dated 20 April 2000.
      Exhibit E. Letter, SAF/MIBR, dated 12 May 2000.




                       VAUGHN E. SCHLUNZ
                       Panel Chair





AFBCMR 00-00698
INDEX CODE:  110.00


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered  the  recommendation  of  the  Air
Force Board for Correction for 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, SSN, be corrected to show  that  on  23  October
1959, he was discharged  with  the  service  characterized  as  general
(under honorable conditions).




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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