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AF | BCMR | CY2004 | BC-2004-01900
Original file (BC-2004-01900.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01900
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had never been in any trouble until  the  Spring  of  1949  when  he  was
intoxicated for the first time and  had  to  be  returned  to  base  by  the
military police.  He  later  was  arrested  after  being  in  a  fight  and,
intoxicated, tried to hang himself.  There was  a  lot  of  trouble  in  his
squadron.  Three airmen were charged with rape, and everyone was  put  in  a
line-up.  His squadron officer advised him to accept a discharge so that  he
would not be sent to Fort Leavenworth, Kansas, and  his  age  would  not  be
discovered.  He was also told that after five years,  the  Air  Force  would
upgrade his general discharge to honorable.

In  support  of  the  application,  the  applicant  submits   his   personal
statement, an Air  Force  Discharge  Review  Board  application,  a  General
Discharge  certificate,  and  a  General  Discharge  order.   His   complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed  by  fire  in  the
National Personnel Records Center in July 1973.  The  following  information
was extracted from documents provided by the applicant.

On 25 July 1947, the applicant enlisted in the  Regular  Air  Force  at  the
alleged age of 18 in the grade of private (E-1) for a  period  of  five  (5)
years.  He was discharged with a general  discharge  on  10  September  1949
under the provisions of AR 615-369 (Unsuitability).  He had served 8  months
and 16 days of Continental Service, and 1  year  and  5  months  of  foreign
service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an  investigative  report  pertaining  to  the  applicant
(Identification Record No. 382317A), which is at Exhibit D.
_________________________________________________________________
AIR FORCE EVALUATION:

NO AIR STAFF ADVISORY.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 September 2004, a copy of the Federal Bureau  of  Investigations  (FBI)
report was forwarded to the applicant, and  the  applicant  was  invited  to
submit information pertaining to his post-service activities.   As  of  this
date, this office has received no response (Exhibit C).
_________________________________________________________________

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.  After  careful  consideration  of
the available evidence, we found no indication that  the  actions  taken  to
affect his discharge were improper or contrary  to  the  provisions  of  the
governing regulations in effect at the time.  In addition, in  view  of  the
contents of the FBI Identification Record we  are  not  persuaded  that  the
characterization  of  the  applicant’s  discharge  warrants  an  upgrade  to
honorable on the basis of clemency.  Having  found  no  error  or  injustice
with regard to the actions that occurred while the applicant was a  military
member, we conclude that no basis exists to grant favorable  action  on  his
request.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or injustice 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 4 December 2004, under the provisions of AFI 36-2603:

                 Ms. Marilyn M. Thomas, Vice Chair
                 Ms. B. J. White-Olson, Panel Member
                 Mr. Gregory A. Parker, Panel Member

The following documentary evidence was considered in  AFBCMR  Docket  Number
BC-2004-01900:

      Exhibit A.  DD Form 149, dated 9 Jun 04, w/atchs.
      Exhibit B.  Applicant’s available Master Personnel Records.
      Exhibit C.  Letter, AFBCMR, dated 8 Sep 04 w/atchs.
      Exhibit D.  FBI Report.








      MARILYN M. THOMAS
      Vice Chair

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