RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01768
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was accused  of  child  molestation.   The  accusation  was  based  on  a
partially overheard conversation that was taken in the wrong  context.   His
counsel made no effort to represent him and advised him to plead guilty.

In support of his  request  the  applicant  provided  a  personal  statement
(Exhibit A).

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  17  Apr  51  and  was
progressively promoted to the grade of airman  first  class  having  assumed
that grade effective and with a date of rank of 1 Oct 53.  On 7 May  54,  he
received an undesirable discharge from the Air Force.

Additional 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.

Examiner’s note: Pursuant to the Board’s request for  information,  the  FBI
indicated that, on the basis of the evidence provided, they were  unable  to
locate an arrest record pertaining to the applicant (see Exhibit F).

_________________________________________________________________

AIR FORCE EVALUATION:

The Assistant NCOIC, Separation  Procedures  Section,  AFPC/DPPRS,  reviewed
applicant’s request and recommends denial.  DPPRS  states  that  based  upon
the lack of documentation in his records, they believe  the  discharge  must
have been consistent with the procedural  and  substantive  requirements  of
the discharge regulation.   Applicant has not provided any new  evidence  or
identified any errors in his discharge process (see Exhibit C).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and reiterates that he did not know he was going  to  be
discharged as unfit.  He was advised to agree with the discharge because  no
witnesses were available to substantiate his claims.  He  questions  why  he
was promoted after this matter was under investigation if he was  guilty  of
the charges (see Exhibit E).

By letter dated 27 August 2001, it was requested that the applicant  provide
evidence pertaining  to  his  post-service  activities  (Exhibit  G).   This
office has not received a response from the applicant.

_________________________________________________________________

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.  Even though the applicant has provided  no
evidence to show that his discharge was improper or not in  compliance  with
appropriate directives, it is our opinion that approval of  some  relief  is
warranted in this case.  It appears likely that he  has  led  a  stable  and
productive life and it appears that there is no evidence  that  he  has  had
any subsequent involvement of a derogatory nature since his separation  from
the Air Force.  In light of the above,  we  believe  that  it  would  be  an
injustice  for  him  to  continue  to  suffer  the  adverse  effects  of  an
undesirable discharge.  Therefore on the basis of clemency,  we  believe  an
upgrade  of  his  discharge  to  general  (under  honorable  conditions)  is
warranted.  His request for upgrade to honorable  was  considered;  however,
in the absence of evidence by the applicant other than  his  own  statements
pertaining to the quality  of  his  service,  the  facts  and  circumstances
surrounding his separation, or his activities since leaving the service,  we
do not believe that an upgrade to a fully honorable discharge is  warranted.
 Accordingly, we recommend that his records be corrected only 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 7  May  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 3 Oct 01, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Clarence D. Long III, Member
      Ms. Marcia J. Bachman, Member

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

     Exhibit A.  DD Form 149, dated 5 Jul 01 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 27 Jul 01.
     Exhibit D.  Letter, SAF/MIBR, dated 3 Aug 01.
     Exhibit E.  Letter, Applicant, dated 16 Aug 01.
     Exhibit F.  FBI Negative Reply, dated 20 Sep 01.
     Exhibit G.  AFBCMR Letter, dated 27 August 2001.




                             JOHN L. ROBUCK
                                             Panel Chair


AFBCMR 00-00261




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  7  May  1954,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).








                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency