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AF | BCMR | CY2009 | BC-2008-02641
Original file (BC-2008-02641.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2008-
02641
                                        INDEX CODE:  110.00
                                        COUNSEL: NONE
                                        HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded  to  a  general  (under  honorable
conditions) or honorable discharge.

________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was inequitable because it was based on one occurrence  in
over three years of service.  He was discharged  for  going  beyond  the
limits of a Class A pass.

In support of his appeal, applicant submitted a copy of his DD Form 258,
Undesirable Discharge, DD Form 4, Special Order  Number  A-775,  USAFI-J
Form 3, United States  Armed  Forces  Institute  (Japan)  and  character
references.

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

________________________________________________________________

STATEMENT OF FACTS:

The DD Form 4 provided by the applicant reflects  he  enlisted  in  the
Regular Air Force on 14 Feb 56 as an airman basic for a period of  four
years.   Special  Order  Number  A-775  reflects  the   applicant   was
discharged on 12 Jun 59 with an under other than  honorable  conditions
(UOTHC) discharge.

Pursuant to the Board’s request, the Federal  Bureau  of  Investigation
provided an investigative report which is attached at Exhibit C.  On  8
Sep 08, a copy  of  the  investigative  report  was  forwarded  to  the
applicant for review and response within 30 days.  As of this  date  no
response has been received by this office (Exhibit F).

On 25 Aug 08, a request for information pertaining to his  post-service
activities was forwarded to the applicant for response within  30  days
(Exhibit D).  The applicant submitted a personal
statement, a resume and character references in response (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.    Sufficient relevant evidence has been  presented  to  demonstrate
the existence of an error or injustice.  Even though the applicant  has
provided no evidence to show that his discharge was improper or not  in
compliance with appropriate directives,  it  is  the  Board  majority's
opinion that approval of some relief is warranted  in  this  case.   It
appears likely to the Board majority that  he  has  led  a  stable  and
productive life and it appears that there is no evidence  that  he  has
had any  subsequent  involvement  of  a  derogatory  nature  since  his
separation from the Air Force.   In  light  of  the  above,  the  Board
majority believes that it would be an injustice for him to continue  to
suffer the adverse effects of an undesirable discharge.   Therefore  on
the basis of clemency, the Board majority believes an  upgrade  of  his
discharge  to  general  (under  honorable  conditions)  is   warranted.
Accordingly the Board majority recommends that his records be corrected
to the extent 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  12 June  1959,  he
was discharged with service characterized as under honorable conditions
(general).
_____________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-
2008-02641 in Executive Session on 9 Oct 08, under  the  provisions  of
AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. Gregory A. Parker, Member
                 Ms. Lea Gallogly, Member

By majority vote, the Board  recommended  correcting  the  record.  Mr.
Russell voted to deny the applicant's request but he does
not desire to submit a  Minority  Report.   The  following  documentary
evidence  pertaining  to  AFBCMR  Docket   Number   BC-2008-02641   was
considered:

   Exhibit A.    DD Form 149, dated 29 Jul 08, w/atchs.
   Exhibit B.    Available Master Personnel Records.
   Exhibit C.    FBI Investigative Report.
   Exhibit D.    Letter, SAF/MRBC dated 25 Aug 08, w/atch.
   Exhibit E.    Letter, Applicant, dated 4 Sep 08, w/atchs.
   Exhibit F.    Letter, SAF/MRBC, dated 9 Sep 08, w/atch.




                                        JAMES W. RUSSELL III
                                        Panel Chair






AFBCMR BC-2008-02641





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                , be corrected to show that on 12 June 1959,
he  was  discharged  with  service  characterized  as  under  honorable
conditions (general).




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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