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AF | BCMR | CY2001 | 8602561A
Original file (8602561A.doc) Auto-classification: Approved

                                 ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  86-02561
            INDEX NUMBER:  110.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.

___________________________________________________________________

RESUME OF CASE:

The applicant submitted an application to the AFBCMR  on  24  March
1986 to upgrade his discharge.  The Board denied his application on
25 September 1986 due to untimeliness (Exhibit E).

___________________________________________________________________

APPLICANT CONTENDS THAT:

He informed his recruiting officer that he had the juvenile  record
that he was later discharged for concealing.

The applicant’s complete submission is at Exhibit F.

___________________________________________________________________

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  (Exhibit  C).
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 (FBI), Clarksburg, WV, provided a Report of
Investigation pertaining to applicant (Exhibit G).

___________________________________________________________________

APPLICANT'S REVIEW OF FBI REPORT:

The applicant responded to the information  contained  in  his  FBI
report.  He states that he has not been in any trouble since  1975.
He maintains that he is not guilty of the offenses dated after 1975
listed in the report because he was still in prison.  The applicant
also states that the information in the report should not make  any
difference in regards to his request.  He states that he  is  aware
of individuals who got their discharges upgraded who have committed
more serious crimes than his and also while still in prison.

The applicant’s complete response is at Exhibit I.

___________________________________________________________________

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  error  or  injustice.   Although  the
evidence presented  does  not  substantiate  that  the  applicant’s
discharge was  improper  or  contrary  to  the  provisions  of  the
governing regulation, the majority of the Board felt that he should
be granted clemency.   They  noted  that  the  last  entry  in  the
applicant’s FBI report was in 1978 and that he had several  letters
of support from  individuals  in  his  local  community.   It  also
appears that he is an ordained minister.  Based on  the  amount  of
time that has passed since the applicant was in any type of trouble
and the fairly  constructive  life  that  he  has  led  since,  the
majority of the Board recommends that the record  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 29 July 1955 he
was discharged under the provisions of Air Force  Regulation  39-14
(Convenience of  the  Government)  with  service  characterized  as
general.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 11 January 2001, under the provisions  of  AFI
36-2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. George Franklin, Member

By a majority vote, the members  voted  to  grant  the  applicant’s
request.  Ms. White-Olson voted to deny the applicant’s request but
did  not  desire  to  submit  a  minority  report.   The  following
additional documentary evidence was considered:

     Exhibit E.  ROP, dated 25 Sep 86, w/Exhibits.
     Exhibit F.  DD Form 149, dated 24 Aug 00, w/atchs.
     Exhibit G.  FBI Report.
     Exhibit H.  Letter, AFBCMR, dated 7 Dec 00.
     Exhibit I.  Letter, Applicant, dated 13 Dec 00.





                                   GREGORY H. PETKOFF
                                   Panel Chair



AFBCMR 86-02561




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 XXXXXXXX., XXX-XX-XXXX, be corrected to show that
on 29 July 1955, he was discharged under the provisions of Air
Force Regulation 39-14 (Convenience of the Government) with service
characterized as general.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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