RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01752
		INDEX CODE:  110.00

	Applicant	COUNSEL:  NONE

		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His 1954 bad conduct 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 applicant is currently separated and 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 at Exhibit C.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report pertaining to the applicant (Exhibit D).
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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 45 years ago, the known facts of his discharge and the lack of documentation, DPPRS recommended clemency.  The complete advisory 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 3 August 2001 for review and response.  As of this date, no response has been received by this office (Exhibit E).

Pursuant to the Board’s request for additional information pertaining to his post-service activities, the applicant submitted a personal statement and two letters in support of his request.  The applicant’s complete submission with attachments is at Exhibit G.

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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 known facts of his discharge and the fact that his FBI report indicates no adverse information over the past 40 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 to the extent 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 18 November 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 10 October 2001 and on 6 November 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 21 Jun 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 27 Jul 01.
   Exhibit D.  FBI Investigative Report No.200246C.
   Exhibit E.  Letter, SAF/MIBR, dated 3 Aug 01.
   Exhibit F.  AFBCMR Letter, dated 11 Oct 01, w/atch.
   Exhibit G.  Applicant’s Response dated 19 Oct 01, w/atchs.