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AF | BCMR | CY2001 | 0003040
Original file (0003040.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-03040
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


Applicant requests that his general (under honorable  conditions)  discharge
be upgraded  to  an  honorable  discharge.   Applicant's  submission  is  at
Exhibit A.

On 27 October 1988, the Air Force  Discharge  Review  Board  (AFDRB)  denied
applicant's request to upgrade his discharge to honorable (Exhibit B).

The appropriate Air Force office evaluated applicant's request and  provided
an advisory opinion to the Board recommending the application be granted  on
the basis of clemency, if a check of his Federal  Bureau  of  Investigation,
(FBI)  record  proves  negative  (Exhibit  C).   The  advisory  opinion  was
forwarded to the applicant for review and response (Exhibit D).

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, provided  an  investigative  report  which  is  attached  at
Exhibit E.  The FBI report was forwarded to the  applicant  for  review  and
response (Exhibit F).

As of this date, no response has been received by this office to either  the
advisory opinion or the FBI report.

After  careful  consideration  of  applicant's  request  and  the  available
evidence of record, we find insufficient evidence of error or  injustice  to
warrant corrective action.  We note that the Air Force  recommends  clemency
based on his overall record and his apparent post-service  contributions  to
the community, if his FBI record is clean.  However, a  review  of  his  FBI
record indicates that the applicant’s misconduct  has  apparently  continued
and this has not been rebutted by the applicant.

Accordingly, applicant's request is denied.

The applicant's case is adequately documented and  it  has  not  been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

The  Board  staff  is  directed  to  inform  applicant  of  this   decision.
Applicant should also be informed that this decision is final and will  only
be reconsidered upon the presentation of new  relevant  evidence  which  was
not reasonably available at the time the application was filed.




Members of the Board Mr. Richard A. Peterson, Ms. Nancy W.  Drury,  and  Mr.
John E. Pettit considered this application on 26 April  2001  in  accordance
with the provisions of Air Force  Instruction  36-2603,  and  the  governing
statute, 10, U.S.C. 1552.




                                     RICHARD A. PETERSON
                                     Panel Chair

Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  SAF/MIBR Ltr Forwarding Advisory Opinion
E.  FBI Report
F.  AFBCMR Ltr Forwarding FBI Report

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