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AF | BCMR | CY1999 | 9802351
Original file (9802351.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02351
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1944 dishonorable discharge be upgraded to honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His punishment was too severe;  he  did  not  desert.  He  asserts  he
received a Presidential pardon, which  reduced  his  original  20-year
sentence to 30 months. He wants an honorable discharge so he can vote,
serve on a jury, own a gun and take his grandson hunting. In  support,
he provides character references, the most recent of which was written
in 1984.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.
  Therefore,  the  facts  surrounding  his  military  performance  and
separation from the Air Force cannot be verified.  The  applicant  has
provided no copies of his records.

_________________________________________________________________

AIR FORCE EVALUATION:

The Separations Branch, HQ AFPC/DPPRS, reviewed this appeal and states
that,   because   the   applicant’s   records   were   destroyed,   no
recommendation can be made.

A complete copy of the evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant 21 December 1998 for review and comment within 30 days.   As
of this date, no response has been received by this office.

_________________________________________________________________

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.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  probable  error  or  injustice.   After  carefully
considering the applicant’s submission, we are not persuaded that  his
dishonorable discharge should be upgraded. Applicant’s contentions are
duly noted; however, other than his own assertions, he has provided no
evidence substantiating his claims. Further, we are unable to evaluate
the circumstances of this case since his  records  were  destroyed  by
fire in 1973. Therefore, based on the presumption of regularity in the
conduct of government affairs, and without evidence to  the  contrary,
we must assume that the applicant’s dishonorable discharge was  proper
and in compliance with appropriate directives.  Should  the  applicant
provide  any  copies  he  may  have  of  his  records,   and   include
documentation  sustaining  his  allegations  of  a   commander-reduced
sentence and a “Presidential Pardon” with a “commuted sentence,”  this
Board  would  be  willing  to  review  the  materials   for   possible
reconsideration. Otherwise, in view of the above and absent persuasive
evidence demonstrating the applicant suffered either an  error  or  an
injustice, we find no  compelling  basis  to  recommend  granting  the
relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 15 April 1999 under the  provisions  of  AFI  36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Mr. Gregory W. Den Herder, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 5 Sep 98, w/atchs.
   Exhibit B.  Letter, HQ AFPC/DPPRS, dated 4 Dec 98.
   Exhibit C.  Letter, AFBCMR, dated 21 Dec 98.




                                   RICHARD A. PETERSON
                                   Panel Chair


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