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AF | BCMR | CY2000 | 9903267
Original file (9903267.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-03267
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to general.

________________________________________________________________

APPLICANT CONTENDS THAT:

What happened to him in 1953 was his fault and the wrongfulness of  it
still makes him suffer today.

Applicant's complete submission is attached at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 11 September 1951, the applicant enlisted in the Regular Air  Force
in the grade of private.  Prior to the  events  cited  below,  he  was
promoted to the grade  of  airman  third  class  (E-2).   He  received
character and efficiency ratings of excellent on 2 November  1951  and
14 February 1952; fair and satisfactory on  31 March  1953;  and  very
good and satisfactory on 25 April 1953.

On 10 June 1952 and 4 October 1952, he was convicted by summary courts-
martial for being drunk and disorderly on station on or about  1  June
1952 and 30 September 1952.  He was reduced in grade to  basic  airman
and ordered to forfeit $50.00 by the former military court and ordered
to forfeit $50.00 by the latter.

On 18 February 1953, he was convicted by a special  court-martial  for
commission of an assault by striking him on the head with a  dangerous
weapon, to wit: a whiskey bottle.  He was sentenced to  be  discharged
from the service with a bad conduct discharge, to  forfeiture  of  $50
per month for 6 months and to be confined at hard labor for 6 months.

On 19 June 1953, he was discharged from  the  Air  Force  with  a  bad
conduct discharge.  He had served 1 year, 5  months  and  10  days  on
active duty.  Time lost was 168 days due to confinement.

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

________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel Management Specialist, AFPC/DPPRS, reviewed the
application and states the applicant had two previous summary  courts-
martial for being drunk and disorderly  on  station  in  both  trials.
However, since the discharge  occurred  over  47  years  ago  and  the
records show the applicant enlisted underage  with  parental  consent,
was  only  19  years  old  at  the  time  of  his  court-martial,  and
considering the nature of the misconduct  that  resulted  in  his  bad
conduct discharge, they recommend clemency.  If a check of the Federal
Bureau of Investigation  files  proves  negative,  they  recommend  an
upgrade of his discharge to under honorable conditions (general).

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

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 3 March 2000, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within 30 days.  In addition, on
14 April 2000, a copy of the FBI report was forwarded to the applicant
for comment.  As of this date, no response has been received  by  this
office.

________________________________________________________________

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 the applicant’s 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 general (under honorable conditions)  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 12 June 2000, under the  provisions  of  AFI  36-
2603:

                 Ms. Rita S. Looney, Panel Chair
                 Mr. Roger E. Willmeth, Member
                 Mr. George Franklin, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 27 Dec 99, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 10 Feb 00.
      Exhibit E. Letter, AFBCMR, dated 3 Mar 00.




                             RITA S. LOONEY
                             Panel Chair

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