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AF | BCMR | CY2001 | 0000937
Original file (0000937.doc) Auto-classification: Denied

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 00-00937

            COUNSEL:  FRED L. BAUER

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    The Administrative Discharge Board (i.e.,  AFR  36-2)  action  be  set
aside and removed from his records.

2.    He receive constructive service credit for a total  of  20  years  for
the time he would have spent in the Georgia Air National Guard (GA ANG).

3.    Retroactive promotion to the grade of colonel, or in the  alternative,
to the grade of lieutenant colonel.

4.    His records be corrected  to  show  that  he  was  entitled  to  Guard
retired pay at age 60.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active  duty  during  the  period  14 November  1947
through 25 August 1950.  On 25 August 1950, his commission was  revoked  and
he was discharged.  He completed a total of 8 years, 6 days, and 5  days  of
active service.

On 5 May 1954, in a formal hearing, the  Board  considered  the  applicant’s
request to be reinstated in the Regular Air Force, or  in  the  alternative,
that he be considered eligible for appointment in the Air Force  Reserve  so
that he could enter the Georgia Air National Guard (ANG).  The  Board  found
no basis to recommend his reinstatement in the Regular Air Force and  denied
the application.  However, the Board did recommend that,  if  possible,  the
applicant be appointed in the Air Force Reserve for the purpose  of  serving
in the Georgia ANG.  For  an  accounting  of  the  facts  and  circumstances
surrounding the applicant’s separation and  the  rationale  of  the  earlier
decision by the Board, see the Record of Proceedings at Exhibit F.



On 24 September 1954, the  Assistant  Secretary  of  the  Air  Force  (ASAF)
requested comments from the Deputy Chief of Staff for Personnel  (DCS/P)  as
to the advisability of tendering the applicant a Reserve appointment.

On 8 October 1954,  the  DCS/P  recommended  the  applicant  not  receive  a
Reserve appointment and on 21 October 1954, the ASAF  approved  the  Board’s
decision denying the application.

On 24 May  1996,  the  applicant  was  awarded  the  DFC  for  extraordinary
achievement while participating in aerial flight from 15 October 1943 to  14
January 1944.

In an application, dated 27 February 2000, the applicant,  through  counsel,
provided  additional  documentation,  requested   reconsideration   of   his
application, and amended his request to include setting aside and  expunging
the AFR 36-2 discharge action from his records; crediting him with 20  years
of constructive service, with entitlement to Reserve retired pay at age  60;
and promotion to the grade of colonel, or at least lieutenant colonel.   The
applicant’s counsel contends that during the  administrative  actions  taken
against the applicant, he was not afforded  due  process.   Furthermore,  at
the time the ASAF denied his application, the ASAF was unaware that  he  had
not been fraudulent about his medals, and that he  really  was  entitled  to
them.  Counsel’s complete submission, with attachments, is at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient  relevant  evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
evidence of record and the additional documentation submitted by  applicant,
we are not persuaded that he has been the victim of an error  or  injustice.
The applicant’s award of the DFC is noted; however, the issue of whether  or
not he was fraudulent  about  his  decorations  was  not  a  basis  for  the
discharge action taken against him.  To the contrary, it was his  leadership
deficiencies,  poor  performance,  and   temperamental   unsuitability   for
retention, upon which it was based.  In the absence  of  evidence  that  the
applicant has been  the  victim  of  an  error  or  injustice,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________







THE BOARD DETERMINES THAT:

The applicant be notified that the additional  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 18 December 2001, under the provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Vice Chair
                  Ms. Martha Maust, Member
                  Mr. Jay Jordan, Member

The following documentary evidence was considered:

      Exhibit F.  Record of Proceedings, dated 21 Oct 54, w/atchs.
      Exhibit G.  DD Form 149, dated 27 Feb 00, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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