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AF | BCMR | CY2002 | BC-2002-02321A
Original file (BC-2002-02321A.doc) Auto-classification: Approved

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


IN THE MATTER OF:      DOCKET NUMBER:  02-02321
            INDEX CODE:  110.01
            COUNSEL: NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

STATEMENT OF FACTS:

His military personnel records  were  destroyed  in  1973  by  fire  at  the
National Personnel Records Center  (NPRC)  in  St.  Louis.   Therefore,  the
facts surrounding his discharge cannot be verified.  Documentation  provided
by the applicant indicates that he was discharged from the Air Force  in  17
Aug 49 and issued an undesirable discharge.

On 2 October 2002, applicant’s request for an upgrade of  his  discharge  to
honorable was considered and denied  by  the  Board.   They  concluded  that
based on the presumption of regularity in the conduct of government  affairs
and without persuasive evidence that would lead them to  believe  otherwise,
they  assume  that  his  discharge  was  proper  and  in   compliance   with
appropriate directives.  In addition, the  Board  indicated  that  the  only
other basis upon which to  upgrade  his  discharge  would  be  on  clemency;
however, the applicant failed to provide  documentation  pertaining  to  his
post-service activities.  The Board stated that if  the  applicant  provided
evidence pertaining to his post-service activities,  they  would  reconsider
his request for an upgrade of his discharge.  A complete copy of the  Record
of Proceedings, with attachments, is at Exhibit C.

On 17 Oct 02, the applicant submitted a  request  for  reconsideration.   In
support of his request, applicant provided  personal  narratives,  character
references,  copies  of  various  certificates  of  achievement,  additional
copies of documents previously submitted, and documents associated with  his
Air Force Discharge Review Board  appeal.   His  complete  submission,  with
attachments, is at Exhibit D.

Pursuant to the Board's request, the Federal Bureau of  Investigation  (FBI)
indicated that they were unable to locate an  arrest  record  pertaining  to
the applicant.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.  Based on  the  Board’s  earlier  recommendation,
applicant has provided evidence  pertaining  to  his  activities  since  his
separation from the Air Force.  Based on this documentation and in  view  of
the fact that it has been over 53 years since he was discharge,  we  believe
that some form of relief is warranted  based  on  clemency.   Therefore,  we
recommend his discharge be upgraded to general, under honorable  conditions.
 Applicant’s  request  for  a  fully  honorable  discharge  was  considered;
however, in the absence of evidence pertaining  to  the  overall  record  of
service, we do not recommend a further upgrade is warranted.

2.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 17 August 1949 he  was  discharged
with service characterized as general (under honorable conditions).

_________________________________________________________________

The following members of the Board  considered  Docket  Number  02-02321  in
Executive Session on 4 Dec 02, under the provisions of AFI 36-2603:

      Mr. Edward C. Koeing III, Acting Panel Chair
      Mr. John E. Pettit, Member
      Mr. Grover L. Dunn, Member

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

    Exhibit C.  Record of Proceedings, dated 2 Oct 02, w/atchs.
    Exhibit D.  Letter, Applicant, dated 17 Oct 02, w/atchs.
    Exhibit E.  FBI Negative Reply, dated 8 Nov 02.




                                                   Edward C. Koenig
III
                                                   Panel Chair

AFBCMR 02-02321




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 17 August  1949  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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