RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:  			DOCKET NO:  99-00751
					INDEX CODE:  110.00

						COUNSEL:  NONE

						HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general.
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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 20 October 1999, that, on the basis of data furnished, they are unable to locate an arrest record.

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AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, reviewed this application and recommended the discharge be upgraded to an under honorable conditions (general) discharge if a check of the FBI files proves negative.  A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 19 July 1999 for review and response.  As of this date, no response has been received by this office (Exhibit D).

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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 probable injustice.  After reviewing the applicant’s submission and the evidence of record, we are persuaded that corrective action is appropriate as a matter of equity and on the basis of clemency.  In this respect, we are in agreement with the opinion and recommendation of the appropriate Air Force office, HQ AFPC/DPPRS, that considering applicant’s age and apparent immaturity at the time of the incidents, the minor nature of his misdeeds and his stated contributions to society over the past 45 years, his discharge should be upgraded to general.  Accordingly, we recommend that the records be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that, on 1 December 1954, he was discharged with service characterized as general (under honorable conditions).

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The following members of the Board considered this application in Executive Session on 28 September and 4 November 1999, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 17 Mar 99.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 24 Jun 99.
   Exhibit D.  Letter, SAF/MIBR, dated 19 Jul 99.
	 Exhibit E.  Statement, Federal Bureau of Investigation, dtd
               20 Oct 1999.