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AF | BCMR | CY2000 | 9903113
Original file (9903113.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-03113
            INDEX CODE:  110.00

      xxxxxxxxxxxxxxxxxxxx   COUNSEL:  NONE

      xxxxxxxxxxx      HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Counsel did not represent him at his discharge hearing.

In support of his appeal,  the  applicant  provided  a  personal  statement,
character references, letter, Sterling Police Department, dated 24  November
1999, and other documentation.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Army Air Corps on 2 June 1942,  in  the  grade  of
private.

On 21 June 1944, applicant was discharged in the  grade  of  private,  under
the provisions of AR 615-360,  Section  VII  (Unfitness),  and  received  an
undesirable discharge.  He served 1 year, 9 months, and 1 day  total  active
duty with 109 days lost time.

On 1 October 1974, the  Air  Force  Correction  Board  of  Military  Records
(AFBCMR) granted applicant's request to upgrade  his  undesirable  discharge
to a general (under honorable conditions) discharge (Exhibit C).

_________________________________________________________________

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.   We  took  notice   of   the
applicant's complete submission in judging the merits of the case;  however,
we are not persuaded that the applicant’s discharge should be upgraded to  a
fully honorable one.  We note the previous  Board’s  decision  in  1974  and
agree with their recommendation.  Further we note, that  the  applicant  has
not  provided  anything  essentially  different  from   before.    We   have
considered  applicant's  overall  quality  of  service,  the  events   which
precipitated the discharge, and available evidence related  to  post-service
activities and accomplishments.  On balance, we do not believe that  further
clemency is  warranted.  Therefore,  based  on  the  available  evidence  of
record, we find no basis upon which to favorably consider this application.

_________________________________________________________________

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 6 June 2000, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Patrick R. Wheeler, Member
                  Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 Feb 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Record of Proceedings, dated 1 Oct 74, w/atchs.




                                RICHARD A. PETERSON
                                Panel Chair

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