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AF | BCMR | CY2000 | 9901296
Original file (9901296.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01296
            INDEX CODE: 110.00

      xxxxxxxxxxxxxxxx COUNSEL:  NONE

      xxxxxxxxxxx      HEARING DESIRED: NO

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to an honorable discharge.

APPLICANT CONTENDS THAT:

The penalty he received for going absent without leave (AWOL)  was  to
severe.

Applicant’s complete submission is attached at Exhibit A.

STATEMENT OF FACTS:

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit C.

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  (Exhibit  D).   Accordingly,
there is no need to recite these facts in this Record of  Proceedings.


AIR FORCE EVALUATION:

The Associated Chief, Military Justice Division, AFLSA/JAJM,  reviewed
this application and recommended denial of applicant’s request.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  Air  Force  evaluation  and  provided  a
response, which is attached at 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.    We find no impropriety in the  characterization  of  applicant's
discharge.  It appears that responsible officials applied  appropriate
standards in effecting the separation, and we do not  find  persuasive
evidence that pertinent regulations were violated  or  that  applicant
was not afforded all the rights to  which  entitled  at  the  time  of
discharge.  Considered alone, we conclude  the  discharge  proceedings
were proper and characterization of the discharge was  appropriate  to
the existing circumstances.

4.    Consideration of this Board, however,  is  not  limited  to  the
events which precipitated the  discharge.   We  have  a  Congressional
mandate  which  permits  consideration   of   other   factors;   e.g.,
applicant's background, the overall  quality  of  service,  and  post-
service activities and accomplishments.   Further,  we  may  base  our
decision on matters of equity  and  clemency  rather  than  simply  on
whether rules and regulations which existed at the time were followed.
 This is a much broader consideration than officials involved  in  the
discharge were permitted, and our decision in no  way  discredits  the
validity of theirs.

5.    Under our broader mandate and after careful consideration of all
the facts and circumstances of applicant's case, we are persuaded that
applicant  has  overcome  the  behavioral  traits  which  led  to  the
contested discharge and has carried the emotional burden and stigma of
a bad conduct discharge for  over  thirty  years.   We  recognize  the
adverse impact of the discharge applicant received; and, while it  may
have been appropriate at the time, we believe it would be an injustice
for applicant to continue to suffer its effects.  Accordingly, we find
that corrective action is appropriate as a matter of equity and on the
basis of clemency.  Therefore, we recommend his discharge be  upgraded
to one under honorable conditions (General).  Applicant’s request  for
an honorable discharge was considered; however, based on  the  overall
record we do not believe a further upgrade 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 16 April 1958,  he
was discharged with service characterized as general (under  honorable
conditions).

The following members of the Board considered this application  on  15
February 2000 under the provisions of AFI 36-2603:

                 Mr. Terry A. Yonkers, Panel Chair
                 Mr. William H. Anderson, Member
                 Mr. Edward H. Parker, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFLSA/JAJM, dated 21 July 1999.
   Exhibit E.  Letter, SAF/MIBR, dated 9 August 1999.
   Exhibit F.  Letter, Applicant, undated.



                                   TERRY A. YONKERS
                                   Panel Chair



AFBCMR 99-01296







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, it is directed that:

      The pertinent military records of the Department of the Air
Force relating to xxxxxxxxxxxxxxxx, xxxxxxxxxxx, be corrected to show
that on 16 April 1958, he was discharged with service characterized as
general (under honorable conditions).





 JOE G. LINEBERGER

 Director

 Air Force Review Boards Agency

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