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AF | BCMR | CY2000 | 9903265
Original file (9903265.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NO:  99-03265
      INDEX NUMBER:  A39; 110.00

      COUNSEL:  NONE

      HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant’s available 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,
Clarksburg, WV, indicated that, on the basis of  the  data  furnished,
they are unable to locate an arrest record.

_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, reviewed this  application  and
recommended denial.  On 8 January  1953,  the  applicant  submitted  a
tender of unconditional resignation, stating that he no longer  wished
to continue his career in the Air Force and he had been surplus in his
unit for five months.  He acknowledged that  if  his  resignation  was
accepted, he would  receive  an  honorable  or  a  general  discharge,
depending upon the character of service  rendered  by  the  commander.
The commander recommended that his application be accepted and that he
be given a general discharge because during his current enlistment, he
had a poor character rating and had been given Article  15  punishment
on two  occasions  and  court-martialed  once.   He  was  subsequently
discharged on 18 February 1953, with a general discharge.  Based  upon
the record, the discharge  was  consistent  with  the  procedural  and
substantive requirements of the discharge  regulation.   Additionally,
the discharge  was  within  the  sound  discretion  of  the  discharge
authority and the character of  service  the  applicant  received  was
appropriate.  A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  11
February 2000, for review and response within 30  days.   As  of  this
date, no response has been received by this office (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.   We  considered  the
applicant's complete submission in judging the  merits  of  the  case;
however,  we  agree  with  the  opinion  and  recommendation  of   the
appropriate Air Force office of primary responsibility and adopt their
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  We noted the  documentation
the applicant provided regarding his post-service  activities.   While
we commend the applicant for his post-service accomplishments,  we  do
not find this limited evidence sufficient  to  warrant  upgrading  his
discharge based on clemency.  We therefore conclude that the discharge
proceedings were proper and  characterization  of  the  discharge  was
appropriate to the existing circumstances and find no compelling basis
to disturb the existing record.

_________________________________________________________________

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 26 July 2000, under the  provisions  of  AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Panel Chair
                 Mr. Edward H. Parker, Member
                 Mr. Gregory H. Petkoff, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Dec 99, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 27 Jan 00.
    Exhibit D.  Letter, SAF/MIBR, dated 11 Feb 00.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair


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