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AF | BCMR | CY2001 | 0101623
Original file (0101623.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01623
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1953 undesirable discharge be upgraded to honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in  error  or  unjust
and the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant’s 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,
Clarksburg, WV, indicated that, on the basis of  the  data  furnished,
they are unable to locate an arrest record.
_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS reviewed  this  application  and
recommended the discharge be upgraded to an under honorable conditions
(general) discharge if a check  of  the  FBI  files  proves  negative.
Considering the discharge was over  47  years  ago  and  the  type  of
offenses and punishment  the  applicant  received,  DPPRS  recommended
clemency.  A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  27
July 2001 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable injustice.  After reviewing the  applicant’s
military service record, we  are  persuaded  that  partial  relief  is
appropriate on the basis of clemency.  In  this  respect,  we  are  in
agreement with the opinion and recommendation of the  appropriate  Air
Force office, HQ AFPC/DPPRS, that  considering  the  minor  nature  of
applicant’s misdeeds and the fact that his  FBI  report  indicates  no
adverse information over the past 47 years, his  discharge  should  be
upgraded to general.  In the  absence  of  any  information  from  the
applicant documenting his activities since leaving the service, we are
not inclined to  favorably  consider  his  request  for  an  honorable
discharge.  Accordingly, we recommend that the 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 23 December  1953,
he  was  discharged  with  service  characterized  as  general  (under
honorable conditions).
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 26 September 2001, under the provisions of AFI 36-
2603:

                  Mr. Gregory H. Petkoff, Panel Chair
                  Mr. George Franklin, Member
              Mr. Albert F. Lowas Jr., Member

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

   Exhibit A.  DD Form 149, dated 22 Jun 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 11 Jul 01.
   Exhibit D.  Letter, SAF/MIBR, dated 27 Jul 01.




                                   GREGORY H. PETKOFF
                                   Panel Chair


AFBCMR 01-01623




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 APPLICANT be corrected to show that, on 23 December
1953, he was discharged with service characterized as general (under
honorable conditions).




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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