RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01988
		INDEX CODE:110.00
		COUNSEL:  YES

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable 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 is 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.  

Examiner’s note:  Pursuant to the Board’s request for information, the FBI indicated that, on the basis of the evidence provided, they were unable to locate an arrest record pertaining to the applicant (Exhibit E).
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AIR FORCE EVALUATION:

The Separations Procedures Branch, AFPC/DPPRS, states that based upon the lack of documentation in the file, DPPRS is of the opinion the discharge was consistent with procedural and substantive requirements of the discharge regulation.  The member did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing nor did he provide any facts warranting an upgrade of his discharge.  Therefore DPPRS recommends the applicant’s request be denied (Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 24 August 2001, 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.  Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with appropriate directives, it is our opinion that approval of some relief is warranted in this case.  It appears likely 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 and on the basis of clemency, we believe an upgrade of his discharge to honorable is warranted.  Accordingly, we recommend that his 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 23 January 1954, 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 26 September 2001, under the provisions of AFI 36-2603:

              Panel Chairman
              Member
              Member

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

   Exhibit A.  DD Form 149, dated 14 May 01 w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records
   Exhibit C.  Letter, AFPC/DPPRS, dated 15 Aug 01.
   Exhibit D.  Letter, SAF/MIBR, dated 24 Aug 01.
   Exhibit E.  FBI Negative Reply, dated 5 Oct 01.

                                   

AFBCMR  01-01988

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 January 1954, he was honorably discharged and furnished an Honorable Discharge certificate.