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AF | BCMR | CY2002 | 0101988
Original file (0101988.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01988
            INDEX CODE:110.00
            COUNSEL:  YES

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  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 is 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.

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 (Exhibit E).
_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Procedures Branch, AFPC/DPPRS, states that  based  upon  the
lack of documentation in the file, DPPRS is of  the  opinion  the  discharge
was  consistent  with  procedural  and  substantive  requirements   of   the
discharge regulation.  The  member  did  not  submit  any  new  evidence  or
identify any errors or injustices that occurred in the discharge  processing
nor did he provide  any  facts  warranting  an  upgrade  of  his  discharge.
Therefore DPPRS recommends the applicant’s request be denied (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 24 August 2001, for review and response.  As of this  date,  no  response
has been received by this office.

_________________________________________________________________

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 and  on  the  basis  of  clemency,  we
believe  an  upgrade  of  his   discharge   to   honorable   is   warranted.
Accordingly, we recommend that  his  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  23  January  1954,  he  was
honorably discharged and furnished an Honorable Discharge certificate.

_________________________________________________________________

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 Petkoff, Panel Chairman
              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 14 May 01 w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records
   Exhibit C.  Letter, AFPC/DPPRS, dated 15 Aug 01.
   Exhibit D.  Letter, SAF/MIBR, dated 24 Aug 01.
   Exhibit E.  FBI Negative Reply, dated 5 Oct 01.



                                   GREGORY PETKOFF
                                   Panel Chair
AFBCMR  01-01988




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 January 1954, he  was
honorably discharged and furnished an Honorable Discharge certificate.





 JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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