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AF | BCMR | CY2004 | BC-2004-01032
Original file (BC-2004-01032.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01032
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
general (under honorable conditions).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had a lot of fights in the Air Force, which  resulted  in  a  few  court-
martials.  If a person used a racial slur towards him or called him  outside
his name, he would fight in a minute.  That type  of  attitude  led  to  his
UOTHC discharge.  That's just the way things were at  the  time.   He  would
have finished his tour with a good discharge but it was not up to him.

In support of his  request,  applicant  provided  a  personal  statement,  a
statement of service, and a character reference.  His  complete  submission,
with attachments is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant's  military  personnel  records  cannot  be  located  at  the
National Personnel Records Center, St. Louis, MO, and are  assumed  to  have
been destroyed by fire in  1973.   Data  extracted  from  the  reconstructed
record reflects that he enlisted in the Regular Air Force on 2  Sep  55  and
was discharged on 30 Dec 57 with an under other  than  honorable  conditions
discharge in the grade of airman basic.

A clemency information bulletin was provided to the applicant on 19 Apr  04,
for comment within 30 days.  He provided several character references  which
are appended at Exhibit A.  The Federal Bureau of Investigation  was  unable
to conduct a search of the criminal database for information  pertaining  to
the  applicant  because  of  the  limited  personal  information   that   is
available.

_________________________________________________________________

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  an  injustice.   Inasmuch  as  the  facts   surrounding   the
applicant's discharge are unknown, based on the  presumption  of  regularity
in  the  conduct  of  governmental  affairs  and  without  evidence  to  the
contrary, we must assume that his discharge was  proper  and  in  compliance
with the applicable directives.   Nevertheless,  in  view  of  the  evidence
provided, we believe that the applicant has  been  a  productive  member  of
society since his discharge and that it would be an  injustice  for  him  to
continue to suffer the adverse effects of his  under  other  than  honorable
conditions discharge.  Therefore, on the basis of clemency,  we  believe  an
upgrade of discharge to general (under honorable conditions)  is  warranted.
Accordingly, we recommend his records 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  30  December  1957,  he  was
discharged  with  service  characterized   as   general   (under   honorable
conditions).
_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
01032 in Executive Session on 16 Jun 04, under the  provisions  of  AFI  36-
2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Michael J. Novel, Member
      Mr. Olga M. Crerar, Member

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

    Exhibit A.  DD Form 149, dated 24 Mar 04, w/atchs.
    Exhibit B.  Applicant's Reconstructed Personnel Records.
    Exhibit C.  Letter, SAF/MRBC, dated 19 Apr 04.




                             MICHAEL K. GALLOGLY
                                             Panel Chair

AFBCMR BC-2004-01032




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 30 December 1957, he
was discharged with service characterized as general (under honorable
conditions).







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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