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AF | BCMR | CY2002 | 0102413
Original file (0102413.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02413
                       INDEX CODE:  110.00
      APPLICANT        COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He went to town on a pass that was issued to another  military  member
and visited an off limits establishment.  Upon leaving the off  limits
establishment he was apprehended by military  police.   He  was  court
martialed and confined for the offense.  The applicant states that the
trials and  errors  went  on  for  at  least  a  year  before  he  was
discharged.  He feels his being discharged was harsh for the  offense.
He was punished with a court martial and confinement.  He should  have
received an honorable discharge.  He  feels  his  lieutenant  was  the
driving  force  behind  the  discharge  because  the  lieutenant   was
personally prejudiced against him.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.
 The relevant facts pertaining to this application, extracted from the
applicant’s available limited military records, are contained  in  the
letter prepared by the appropriate office of the Air Force.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS states based upon  the  lack  of  documentation  in  the
applicant's file, they believe his discharge was consistent  with  the
procedural and substantive requirements of the  discharge  regulations
of that time.  Also, the discharge was within the sound discretion  of
the discharge authority.  DPPRS further recommends clemency  based  on
the  fact  there  is  very  little  military  evidence  regarding  his
discharge and if the FBI report is negative to upgrade the applicant's
discharge to under honorable conditions (general).

A complete copy of the Air Staff evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states he was confined for 90 days for the offense.   He
feels that imprisonment should have been enough.   His  discharge  was
not issued until at least a year after the incident.  He  should  have
been discharged under honorable conditions.  He had paid his debt  and
he is a good citizen (Exhibit F).

A copy  of  the  FBI report was  forwarded to  the   applicant  on  26
December 2001, for review and response.  As of this date, no  response
has been received by this office (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 of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence  of  probable  error  or  injustice.   After  thoroughly
reviewing the evidence of record, we are not  persuaded  to  recommend
upgrading the discharge.  The recommendation of the Air Force is  duly
noted, however, we have considered the applicant's overall quality  of
service while on active duty and his conduct after his  discharge  and
based on information in  his  FBI  report,  we  do  not  believe  that
clemency  is  warranted.   In  view  of  the  foregoing,  we  find  no
compelling basis upon which to recommend the requested relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 01-
02413 in Executive Session on 19 February 2002 under the provisions of
AFI 36-2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Ms. Rita J. Maldonado, Member
                 Ms. Carolyn J. Watkins, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Aug 01, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 18 Sep 01.
   Exhibit E.  Letter, SAF/MIBR, dated 5 Oct 01.
   Exhibit F.  Letter, Applicant's Response, dated 10 Oct 01.
   Exhibit G.  Letter, AFBCMR, dated 26 Dec 01.




                                   ROSCOE HINTON, JR.
                                   Panel Chair


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