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AF | BCMR | CY2001 | 0003365
Original file (0003365.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-03365
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was under the impression his original discharge document  reflected
a general discharge.

In support of his request, the applicant submits a copy of his DD Form
214 (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the applicant’s DD Form 214 reveals that he
contracted his enlistment in the Regular Air Force  for  a  period  of
four years on  26 Sep  51.   The  applicant  received  an  undesirable
discharge on 9 Feb 53 under the provisions of AFR  39-17  (Unfitness).
He had completed 10 months and 19 days of active duty service and  was
serving in the grade of airman basic (E-1) at the time  of  discharge.
He had lost time of 175 days.

Applicant's military personnel records are unavailable; therefore, the
facts  surrounding  his  separation  from  the  Air  Force  cannot  be
verified.

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided an investigative report which is attached  at
Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, stated that the  applicant  did
not submit any new evidence or identify any errors or injustices  that
occurred in the discharge processing.  Since  his  discharge  occurred
over 48 years ago and considering he was only  19  years  old  at  the
time,  DPPRS  recommended  clemency.    If   a   Federal   Bureau   of
Investigation (FBI)  check  proves  negative,  DPPRS  recommended  his
discharge be upgraded to under honorable conditions (general) (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 6 Apr 01 and 18 Apr 01 respectively for review and
response.  As of this date, no response  has  been  received  by  this
office (Exhibit E).
_________________________________________________________________

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.   Based  upon  the
presumption of regularity in the conduct of governmental  affairs  and
without evidence to the contrary, we must assume that the  applicant's
discharge was proper and in compliance  with  appropriate  directives.
In addition, in view of the contents of the FBI Identification Record,
we are not persuaded that  the  characterization  of  the  applicant's
discharge warrants an upgrade to general on  the  basis  of  clemency.
Therefore, based on the available evidence of record, we find no basis
upon which to favorably consider this application.
_________________________________________________________________

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

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Roscoe Hinton Jr., Member
                  Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Feb 01, w/atch.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  FBI Identification Record for 113452E.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 16 Mar 01.
   Exhibit D.  Letters, SAF/MIBR, dated 6 Apr 01, and AFBCMR,
                 dated 18 Apr 01.




                                   RICHARD A. PETERSON
                                   Panel Chair

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