RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-03166
            INDEX CODE:  110.00

      xxxxxxxxxxxxxxxxx      COUNSEL:  VERNON LYTLE

      xxxxxxxxxxx      HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
a general (under honorable conditions) discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His years of honorable, dedicated service and being a good, upright  citizen
to his community  should  be  considered  in  his  appeal  for  a  discharge
upgrade.

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 (Exhibit D).  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 Directorate of Personnel Program Management, AFPC/DPPRS,  reviewed  this
application and states that the applicant  did  not  identify  any  specific
errors in the discharge  processing.   However,  considering  the  discharge
occurred over 40 years ago and he had served honorably for all but 3  months
of his term  of  enlistment  prior  to  his  court-martial,  they  recommend
clemency.  If a check of the Federal Bureau of  Investigation  files  proves
negative, they  recommend  the  discharge  be  upgraded  to  general  (under
honorable conditions).

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  probable  error  or  injustice  warranting  an   upgrade   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.  The Air Force in their advisory of 24  January  2000,  indicates
that in their review of the applicant’s overall record they  would  have  no
objection to upgrading applicant’s discharge  to  general  (under  honorable
conditions) if a check of the Federal Bureau of  Investigation  (FBI)  files
proves negative.  However, based on the FBI Investigation,  which  indicates
further misconduct subsequent to his discharge, we do not  believe  that  an
upgrade of his discharge on the basis of clemency is warranted.   Therefore,
favorable action on this appeal is not recommended.

_________________________________________________________________

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 Wheeler, Member
                  Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 December 1999.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Investigation.
   Exhibit D.  Letter, AFPC/DPPRS, dated 24 January 2000.
   Exhibit E.  Letter, SAF/MIBR, dated 11 February 2000.
   Exhibit F.  Letter, Applicant, undated.




                                RICHARD A. PETERSON
                                Panel Chair


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                           CORRECTION OF MILITARY RECORDS (AFBCMR)



FROM:  SAF/MI

        1660 Air Force Pentagon

        Washington, DC  20330-1660


SUBJECT:

            I have carefully reviewed the circumstances of this case and  do
not agree with the AFBCMR  that  the  applicant’s  request  to  upgrade  his
discharge should be denied in its entirety.

      After reviewing the available documentation, I believe applicant’s
discharge should be upgraded, on the basis of clemency.

      Applicant has had to live with the adverse effect of his under
honorable conditions discharge for over 40 years, and while the discharge
may have been appropriate at the time, I believe it would be an injustice
for him to continue to suffer from its effects.  From the evidence before
me, it appears that applicant performed well while in the service, with the
exception of the behavior which led to his discharge.  In addition, I note
the conditional recommendation from the Air Force to upgrade the discharge.

      Certainly I do not condone the behavior that led to his under
honorable conditions discharge; however, I note that he took full
responsibility for his actions.  Nonetheless, since it serves no useful
purpose to the Air Force or to society in general to continue the nature of
his discharge at this late date, it is my decision that his discharge be
upgraded to a general (under honorable conditions) discharge.






            RUBY B. DEMESME

            Assistant Secretary
            (Manpower, Reserve Affairs,
                Installations and Environment)



AFBCMR 99-03166





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 xxxxxxxxxxxxxxxxx, xxxxxxxxxxx, be corrected to show that on 23
September 1959, applicant was discharged with service characterized as
general (under honorable conditions).




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency