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AF | BCMR | CY2001 | 0101396
Original file (0101396.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  01-01396
                 INDEX CODE:  110.00
                 COUNSEL:  NONE

                 HEARING DESIRED:  NOT INDICATED

___________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  discharge  be  upgraded  to
honorable.
___________________________________________________________________

APPLICANT CONTENDS THAT:

After being raised on the streets of Detroit, he was too young to  adapt  to
military  life  and  his  first  sergeant  told  him  his  discharge   would
automatically be upgraded.  He  is  now  63  years  old  and  needs  medical
assistance (Exhibit A).
___________________________________________________________________

STATEMENT OF FACTS:

There are no facts in the member’s records other than his  Certification  of
Military Service indicating that he enlisted in the Regular Air Force on  27
May 1955 and was discharged on  7 March  1957  under  other  than  honorable
conditions, and a request from the Veteran’s Administration in 1975  stating
that his reason for discharge was unfitness.

___________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, AFPC/DPPRS, indicated that  based  on  the  lack  of
documentation in the applicant’s file,  DPPRS  believes  the  discharge  was
consistent with procedural and substantive requirements  for  the  discharge
regulation and the discharge was within sound discretion  of  the  discharge
authority.  The applicant did  not  identify  any  specific  errors  in  the
discharge processing.  However, considering the discharge occurred  over  44
years ago and his remarks about his young age,  DPPRS  recommends  clemency.
If a check of the Federal Bureau of  Investigation  files  proves  negative,
DPPRS recommends the discharge be upgraded to  a  general  (under  honorable
conditions) discharge (Exhibit C).

Pursuant  to  the  Board’s  request,  the  FBI  provided  a   copy   of   an
Investigation Report pertaining to the applicant (Exhibit E).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded  to  the  applicant  on  22
June 2001 for review and  response.   As  of  this  date,  this  office  has
received no response (Exhibit D).

On 16 July 2001 the FBI report was forwarded to  the  applicant  for  review
and response.  Additionally, he was invited to provide  evidence  pertaining
to his post-service activities for the Board’s review.   As  of  this  date,
this office has received no response (Exhibit F)

___________________________________________________________________

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  careful  consideration  of
the available evidence, we found no indication that  the  actions  taken  to
effect his  discharge  for  unfitness  were  improper  or  contrary  to  the
provisions  of  the  governing  regulations  in  effect  at  the  time.   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 honorable on the basis of clemency.  Having found  no
error or injustice with regard  to  the  actions  that  occurred  while  the
applicant was a military member, we conclude that no basis exists  to  grant
favorable action on his request.

_________________________________________________________________

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 21 August 2001, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Edward H. Parker, Member
      Mr. Billy C. Baxter, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 May 01.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 7 Jun 01.
    Exhibit D.  Letter, SAF/MIBR, dated 22 Jun 01.
    Exhibit F.  FBI Report No. 97307C, dated 02 Jul 01.




                                   JOHN L. ROBUCK
                                   Panel Chair

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