RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00207
				INDEX CODE:  110.00
	APPLICANT  	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

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

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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 (FBI), Washington, D.C., provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

The Military Personnel Specialist, Separations Branch, AFPC/DPPRS, reviewed this application and states that the applicant did not provide evidence of an error in his discharge case.  Nonetheless, since his discharge occurred over 45 years ago and considering his outstanding service with the Department of the Navy after his release from the Air Force, clemency in the form of an Honorable Discharge is recommended if a check of the FBI files proves negative.

A complete copy of the Air Force evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report were forwarded to the applicant on 2 March 2001 and 15 March 2001, respectively, for review and response.  As of this date, no response has been received by this office.  

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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 regarding the applicant’s request that his general discharge be upgraded to honorable.  No evidence has been presented which would lead us to believe his discharge was improper or contrary to the directive under which it was effected.  Nevertheless, after 45 years, and in view of his apparent successful transition to civilian life, and his outstanding service with the Department of the Navy, we are of the opinion that upgrading the service member’s discharge to honorable, based on clemency, would be appropriate.  Further, while we note the FBI report contained several entries, the last one occurred in 1974, and the outcome of the case was a year’s probation and 2 days in jail.  The member has had a clean record for 27 years.  In view of the applicant’s successful transition to civilian life, as evidenced by the post-service documentation he has provided, we are of the opinion that upgrading the applicant’s discharge to honorable, based on clemency, would be appropriate.  Accordingly, we recommend that the applicant’s general discharge be upgraded to honorable.

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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 22 October 1955, he was honorably discharged and furnished an Honorable Discharge Certificate.

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The following members of the Board considered this application in Executive Session on 8 May 2001, under the provisions of AFI 36-2603:

		Panel Chair
		Member
		Member

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

	Exhibit A.	DD Form 149, dated 1 February 2001, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	FBI Report.
	Exhibit D.	Letter, HQ AFPC/DPPRS, dated 13 February 2001.
	Exhibit E.	Letter, SAF/MIBR, dated 2 March 2001.
	Exhibit F.	Letter, AFBCMR, dated 15 March 2001.

				
				Panel Chair

AFBCMR 01-00207
INDEX CODE:  110.00

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction for 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, SSN, be corrected to show that on 22 October 1955, he was honorably discharged and furnished an Honorable Discharge Certificate.