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AF | BCMR | CY2001 | 0003232
Original file (0003232.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03232
                       INDEX CODE:  110.00
      APPLICANT        COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was based upon crimes that  were  committed  by  a  very
outspoken, often abused, very young man.  He does not want to die with
this stigma hanging over his head.  His punishment was too severe.  He
has suffered from the effects of this punishment too long.

Applicant’s submission is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire and only
limited information is available for review.

The available relevant facts pertaining to this application, extracted
from the applicant’s reconstructed military records, are contained  in
the letter prepared by  the  appropriate  office  of  the  Air  Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

Pursuant to the Board’s request, the Federal Bureau  of  Investigation
(FBI), Washington, D.C., provided an  investigative  report  which  is
attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel  Specialist,  Separations  Branch,  AFPC/DPPRS,
reviewed this application  and  states  that  the  applicant  did  not
provide evidence of an error in his discharge  case.   However,  since
the applicant’s discharge was over 45 years ago  and  considering  his
age at the time of his discharge, they recommend clemency.  Also, they
recommended if a check of the FBI files proves negative,  upgrade  the
applicant’s discharge to under honorable conditions (general).

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report  were  forwarded
to the applicant on 9 February 2001 and 15 March  2001,  respectively,
for review and response.  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 of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice.  We find no  impropriety
in the characterization of applicant’s  discharge.   It  appears  that
responsible  officials  applied  appropriate  standards  in  effecting
applicant’s involuntary 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.  Therefore, in the absence of evidence to the contrary,  we
find no compelling basis to recommend granting the  relief  sought  in
this application.

4.    Based on the activities reflected in the  FBI  report,  we  also
find no compelling reason to warrant upgrading his  discharge  on  the
basis of clemency.

_________________________________________________________________

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 8 May 2001 under the provisions of AFI 36-2603:

                 Mr. Teddy L. Houston, Panel Chair
                 Mr. John L. Robuck, Member
                 Mr. Edward H. Parker, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 16 Dec 00, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 8 Jan 01.
   Exhibit E.  Letter, SAF/MIBR, dated 9 Feb 01.
   Exhibit F.  Letter, AFBCMR, dated 15 Mar 01.




                                   TEDDY L. HOUSTON
                                   Panel Chair

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