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AF | BCMR | CY2001 | 0001022
Original file (0001022.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01022

            INDEX NUMBER:  110.02

            COUNSEL:  DAV

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable or  general  (under
honorable conditions).

_________________________________________________________________

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:

Based on available military records, applicant enlisted in the Regular
Air Force on 23 Nov 51 in the grade of private (E-1).

On 28 Mar 52, applicant was convicted  by  Summary  Court-Martial  for
failure to go at the time prescribed to his appointed place  of  duty.
He was sentenced to perform hard labor for  20  days  and  to  forfeit
$50.00.

On 18 Apr 52, applicant was convicted  by  Special  Court-Martial  for
breaking restriction on or about  6  Apr  52.   He  was  sentenced  to
confinement at hard labor (CHL) for one month and forfeiture of $50.00
for one month.

A Report of Proceedings  of  Board  of  Officers  convened  under  the
provisions of AFR 39-17, on 10 September 1952,  found  that  applicant
gave evidence of habits (other than  those  indicating  discharge  for
physical or mental conditions) which rendered retention in the service
undesirable, and that his excessive use of alcohol, and repeated petty
offenses  did  not  warrant  trial  by   court-martial.    The   Board
recommended discharge from the service because of unfitness,  with  an
undesirable discharge.

On 28 Oct 52, he was discharged under the provisions of AFR  39-17  by
reason of unfitness, with an undesirable discharge.  He  was  credited
with 10 months, and 7 days active service (excludes 29  days  of  lost
time under Art 140, Sec 6a, UCMJ, 1951).

Other facts surrounding his discharge from the Air Force  are  unknown
inasmuch as the complete discharge correspondence is not available.

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:

On 15 Feb 01, the Separations  Branch,  HQ  AFPC/DPPRS,  reviewed  the
application and states that the applicant did not provide evidence  of
errors in the discharge case; however, since  his  discharge  occurred
over 48 years ago and considering he was only 18 years old  with  only
petty offenses recorded against him, they  recommend  clemency.   They
also recommended that if  the  FBI  files  prove  negative,  that  the
applicant’s  discharge  be  upgraded  to  under  honorable  conditions
(general).

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 09 Mar 2001, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and comment within 30 days (Exhibit  E).   As
of this date, no response has been received by this office.

On 20 Mar 2001, the FBI Report of Investigation was forwarded  to  the
applicant for review and comment.  At that  time,  the  applicant  was
also  invited  to  provide  additional  evidence  pertaining  to   his
activities since leaving the service (Exhibit F).  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  reviewing  the
circumstances surrounding applicant’s separation, we are not persuaded
that the type of discharge he received was either in error or  unjust.
We note that the Air Force recommended, provided his  FBI  report  was
negative, that his discharge be upgraded to under honorable conditions
(general) based on clemency.  The applicant was provided a copy of the
FBI report and informed that he  had  failed  to  provide  information
pertaining to his activities since leaving the service.  Applicant did
not respond to the request  for  information  on  his  activities  nor
comment on the FBI report.  Therefore, in the absence  of  information
pertaining to his post-service activities, we find no basis upon which
to recommend an upgrade of his discharge at this time.

_________________________________________________________________

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 1 May 2001, under the provisions of AFI 36-2603:

      Mr. Robert W. Zook, Panel Chair
      Ms. Brenda L. Romine, Member
      Ms. Marcia J. Bachman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Oct 00, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 15 Feb 01.
    Exhibit E.  Letter, SAF/MIBR, dated 9 Mar 01.
    Exhibit F.  Letter, AFBCMR, dated 20 Mar 01, w/atch.




                                   ROBERT W. ZOOK
                                   Panel Chair

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