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AF | BCMR | CY2000 | 0001754
Original file (0001754.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                 DOCKET NUMBER:  00-01754
                       INDEX CODE:  110.00
      APPLICANT              COUNSEL:  NONE

                       HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions discharge on 15 Oct 52 under  the
provisions of AFR 39-17 (Unfitness) be upgraded to honorable.
___________________________________________________________________

APPLICANT CONTENDS THAT:

When he was discharged, he had medical problems causing him  to  be  in  and
out of the hospital.  Unable to cope with all the problems he was having  at
the time, he went absent without leave (AWOL).

In support of the application, the applicant provides a  personal  statement
(Exhibit A).

A complete copy of the submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The applicant's records were, for the most part, destroyed  and  efforts  at
reconstruction have been unsuccessful.

The relevant facts, extracted from the available record,  are  contained  in
the  letter  prepared  by  the  apapropriate  office  of  the   Air   Force.
Accordingly, there is no need to  recite  these  facts  in  this  Record  of
Proceedigs.

In response to the Board's request for  additional  information,  a  Federal
Bureau of Investigation report was obtained.   A  copy  of  the  report  was
forwarded to the applicant for review and response.  As of this  date,  this
office has received no response (Exhibit E).

___________________________________________________________________

AIR FORCE EVALUATION:

The Seperations Branch, AFPC/DPPRS, indicated the applicant  did  not  claim
or identify any specific  errors  in  his  discharge  processing.   However,
considering the discharge occurred over 49  years  ago  and  cosidering  his
otherwise hoboranle service record, DPPRS  recommends  clemency.   Should  a
check of the Federal Bureau of Investigation  files  prove  negative,  DPPRS
recommends  his  discharge  be  upgraded  to  under   honorable   conditions
(general).

A complete copy of the advisory is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and response.  As of this date, this office has received no  response
(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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  After  careful  consideration  of
the available evidence, we found no indication that  the  actions  taken  to
effect his discharge were improper or contrary  to  the  provisions  of  the
governing regulations in effect at the  time,  or  that  the  actions  taken
against the applicant were based on factors other than his  own  misconduct.
In addition, in view of the contents of the  FBI  Identification  Record  we
are not persuaded that the characterization  of  the  applicant’s  discharge
warrants an upgrade to honorable on the basis of clemency.  Having found  no
error or injustice with regard  to  the  actions  that  occurred  while  the
applicant was a military member, we conclude that no basis exists  to  grant
favorable action on his request.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on October 24, 2000, under the provisions of AFI 36-2603:

      Ms. Patricia D. Vestal, Acting Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. Daniel F. Wenker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jun 00.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter,AFPC/DPPRS, dated 13 Jul 00.
    Exhibit D.  Letter, SAF/MIBR, dated 28 Jul 00.
    Exhibit E.  FBI Report




                                   PATRICIA D. VESTAL
                                   Acting Panel Chair































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