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AF | BCMR | CY2001 | 0101752
Original file (0101752.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01752
            INDEX CODE:  110.00

      Applicant  COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1954 bad conduct 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 applicant is currently separated and 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 at Exhibit C.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, WV, provided an investigative  report  pertaining  to  the
applicant (Exhibit D).
_________________________________________________________________

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 45 years ago, the  known  facts  of
his  discharge  and  the  lack  of  documentation,  DPPRS  recommended
clemency.  The complete advisory is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  3
August 2001 for review and response.  As of this date, no response has
been received by this office (Exhibit E).

Pursuant to the Board’s request for additional information  pertaining
to his post-service activities, the  applicant  submitted  a  personal
statement and two letters in support of his request.  The  applicant’s
complete submission with attachments is at Exhibit G.

_________________________________________________________________

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 known facts  of  his
discharge and the fact  that  his  FBI  report  indicates  no  adverse
information over the past 40 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 to the extent
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 18 November  1954,
he  was  discharged  with  service  characterized  as  general  (under
honorable conditions).
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 10 October 2001 and on 6 November 2001, under the
provisions of AFI 36-2603:

                  Mr. Jackson Hauslein, Panel Chair
                  Ms. Mary C. Johnson, Member
              Mr. Lawrence R. Leehy, Member

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

   Exhibit A.  DD Form 149, dated 21 Jun 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 27 Jul 01.
   Exhibit D.  FBI Investigative Report No.200246C.
   Exhibit E.  Letter, SAF/MIBR, dated 3 Aug 01.
   Exhibit F.  AFBCMR Letter, dated 11 Oct 01, w/atch.
   Exhibit G.  Applicant’s Response dated 19 Oct 01, w/atchs.




                                   JACKSON HAUSLEIN
                                   Panel Chair

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