RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01623
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His 1953 undesirable 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, Clarksburg, WV, indicated that, on the basis of the 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.  Considering the discharge was over 47 years ago and the type of offenses and punishment the applicant received, DPPRS recommended clemency.  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 27 July 2001 for review and response.  As of this date, no response has been received by this office (Exhibit E).
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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 military service record, we are persuaded that partial relief is appropriate 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 the minor nature of applicant’s misdeeds and the fact that his FBI report indicates no adverse information over the past 47 years, his discharge should be upgraded to general.  In the absence of any information from the applicant documenting his activities since leaving the service, we are not inclined to favorably consider his request for an honorable discharge.  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 23 December 1953, 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 26 September 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 22 Jun 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 11 Jul 01.
   Exhibit D.  Letter, SAF/MIBR, dated 27 Jul 01.

                                   

AFBCMR 01-01623

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 23 December 1953, he was discharged with service characterized as general (under honorable conditions).