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AF | BCMR | CY2001 | 0002983
Original file (0002983.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02983
            INDEX NUMBER:  110.00

      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  Yes

_______________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded
to either a General under Honorable Conditions or to Honorable.

_______________________________________________________________

APPLICANT CONTENDS THAT:

His criminal record has been expunged by order of a US District Judge.

He was a youth offender at the time of his original conviction.

Other than the crime for which he received the UOTHC, he  has  lived  a
productive life without problems.

The applicant’s complete submission is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

According to information contained in the applicant’s master  personnel
file (MPF), he entered the Air Force  on  22  May  56  on  a  four-year
enlistment.  He was discharged on 8 Sep 59 with a  UOTHC  character  of
service due to his conviction in civil court for  theft  of  government
property.  Pursuant to the  Board’s  request,  the  Federal  Bureau  of
Investigation (FBI), Clarksburg, WV, provided a Report of Investigation
pertaining to applicant (Exhibit C).

_______________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch,  AFPC/DPPRS,  evaluated  this  application  and
recommends that if a check of the Federal Bureau of Investigation (FBI)
files proves negative, the applicant  should  be  granted  clemency  by
upgrading his discharge to under honorable conditions (general).

The complete evaluation is at Exhibit D.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant did not provide comments on the evaluation by AFPC/DPPRS,
but did comment on his FBI report.  The applicant states that he  found
errors on the report and has taken steps to get the report corrected.

The applicant’s complete response is at Exhibit F.

The applicant provided a second response detailing his efforts  to  get
the information in his FBI report corrected.   He  states  that  he  is
continuing his efforts, but because of the length of time he  has  been
told it will take, he is providing a letter from the  Santa  Fe  Police
Department showing that they do not have any record on him.

The applicant’s complete submission is at Exhibit G.

_______________________________________________________________

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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of  probable  error  or  injustice.   The  Board  was
persuaded that the applicant merits clemency based on the number of
years, 41, which have passed since his discharge and the model life
it appears he has led.  The  Board  also  notes  that  he  provided
several letters of support, including  many  from  law  enforcement
officials,  attesting  to  his  positive   contributions   to   his
community.   While   the   Board   acknowledges   the   Air   Force
recommendation  to  upgrade  the  applicant’s  discharge  to  under
honorable conditions (general), we  believe  that  the  applicant’s
relative youth at the time of his offense and the reasons as stated
above  justify  an  upgrade  to  fully  honorable.   Therefore,  we
recommend the applicant’s records be corrected as indicated below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show  that  on  8  September
1959, he  was  honorably  discharged  and  furnished  an  Honorable
Discharge certificate.

___________________________________________________________________

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

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 Nov 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report, dated 15 Feb 01.
     Exhibit D.  Memorandum, AFPC/DPPRS, dated 18 Jan 01
     Exhibit E.  Letter, SAF/MIBR, dated 16 Feb 01.
     Exhibit F.  Letter, Applicant, dated 2 Mar 01.
     Exhibit G.  Letter, Applicant, dated 22 Mar 01.




                                   ROBERT W. ZOOK
                                   Panel Chair



AFBCMR 00-02983




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXXXX, XXX-XX-XXXX, be corrected to show that
on 8 September 1959, he was honorably discharged and furnished an
Honorable Discharge certificate.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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