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AF | BCMR | CY2000 | 9903334
Original file (9903334.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-03334

      APPLICANT  COUNSEL:  NONE

      SSN   HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never had a chance to upgrade  himself.   He  states  that  he  was
always washing pots and pans and dishes from 12  to  16  hours  daily,
except Thursdays.  He had one day off a week.

In support  of  the  appeal  applicant  submits  statements  from  his
minister, bank, the local police departments and character references.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s  master  personnel  record  (MPR)  appears  to  have  been
destroyed by the 1973 fire at the National  Personnel  Records  Center
(NPRC) in St Louis.

Documentation  provided  by  the  applicant  reflects  that   he   was
discharged from the United States Air Force on  10  May  1957  with  a
general discharge, under honorable conditions.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on the basis of the data furnished they were
unable to locate an arrest record (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.    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.  We conclude, therefore,  that  the  discharge  proceedings
were proper and characterization of the discharge was  appropriate  to
the existing circumstances.

4.    We also find insufficient evidence to warrant  a  recommendation
that the discharge be upgraded on the  basis  of  clemency.   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 clemency is warranted.

_________________________________________________________________

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 2 May 2000, under the  provisions  of  AFI    36-
2603:

                       Mr. Terry A. Yonkers, Panel Chair
                       Ms. Leta L. O’Connor, Member
                       Mr. Charlie E. Williams, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 3 Jan 00.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.




                             TERRY A. YONKERS
                             Panel Chair

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