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AF | BCMR | CY2002 | 0102487
Original file (0102487.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02487
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge  effective  24 June  1950
be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reason he received a general (under honorable conditions) discharge  was
that he was told he acted too young to be in the Air  Force.   Nevertheless,
after his discharge he continued to reenlist and retired with 26 ½ years  of
service.

In support of his request, he submits copies of his DD Form  214,  discharge
certificate, certificate of retirement with order.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 25 June 1947, the applicant enlisted in the  United  States  Army  for  a
period of 3 years.  He was subsequently transferred  to  the  United  States
Air Force.  During this period of service, he was progressively promoted  to
the grade of  corporal  (E-3)  and  received  the  following  character  and
efficiency ratings.

      DATE  CHARACTER        EFFICIENCY

      27 Sep 1947      Excellent        Excellent
      28 May 1948      Excellent        Satisfactory
      14 Dec 1948      Excellent        Excellent
      12 May 1949      Excellent        Excellent
      11 Aug 1949      Excellent        Excellent
      20 Mar 1950      Very Good        Unsatisfactory

On 24 June  1950,  the  applicant  was  discharged  with  a  general  (under
honorable conditions) discharge because of expiration of  term  of  service.
He had served 3 years on active duty with no time lost.  He was awarded  the
Good Conduct Medal.

The applicant reenlisted on 25 June 1950 and continued to enlist  and  serve
until 30 December 1964, when  he  was  discharged  in  the  grade  of  staff
sergeant.  He was credited with 17 years, 6 months  and  3  days  of  active
duty service.

On 19 May 1979, the applicant enlisted in the Air Force Reserve and the  Air
National Guard.  He was discharged from the Air National Guard in July  1980
but continued to serve as a member of the Air  Force  Reserve.   As  of  the
Retirement Year Ending (RYE) 18 May 1987, he was credited with 25  years,  6
months and 6 days of satisfactory Federal service.  Effective 20  May  1987,
having been relieved from his Reserve assignment, he  was  assigned  to  the
Retired Reserve with eligibility for retired pay except  for  attainment  of
age 60.  On 15 June 1990, the  applicant’s  name  was  placed  on  the  USAF
Retired List in the grade of master sergeant.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be  denied.   DPPRS  states  that  the
applicant provided no facts warranting an upgrade of his  discharge.   Based
upon the documentation on file, DPPRS believes the discharge was  consistent
with procedural and substantive requirements of the discharge regulation.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a personal statement indicating he did nothing wrong  and
was told by his officer he was too young and immature to be in the  service.
 However, during that enlistment  he  graduated  from  medial  and  surgical
school demonstrating he was not immature.  He believes with  all  his  years
of service his discharge should be upgraded to honorable.

The applicant’s response is at Exhibit E.

_________________________________________________________________

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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  Applicant’s contentions are  duly
noted; however, we find  no  evidence  of  error  in  this  case  and  after
thoroughly reviewing the documentation that has been  submitted,  the  Board
does not believe he has suffered from an injustice.  While it is  true  that
the service characterization issued upon the completion  of  the  period  of
service ending 24 June 1950  did  not  preclude  the  applicant’s  continued
service and, ultimately, his  retirement,  in  our  estimation,  this  fact,
alone, does not warrant approval of the requested relief.  We note that  the
last efficiency rating he received in March 1950, after completing nearly  3
years of service, was unsatisfactory.  It is entirely probable that  it  was
this factor which led to the characterization of  his  service  as  general,
under honorable conditions.  However, neither does  the  record  reveal  nor
has the applicant provided any specific evidence as to the reasons that  his
service was characterized as less than fully  honorable.   In  view  of  the
above and in the  absence  of  evidence  by  the  applicant  indicating  his
superiors  abused  their  discretionary  authority,  we  find  no  basis  to
recommend granting the relief sought in this application.

_________________________________________________________________

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 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 this application in  Executive
Session on 27 February 2002 under the provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. Michael K. Gallogly, Member
      Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 23 Aug 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 9 Nov 01 w/atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 21 Nov 01.
     Exhibit E.  Letter, Applicant, dated 5 Dec 01.




                                  PHILIP SHEUERMAN
                                  Panel Chair

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