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AF | BCMR | CY2001 | 0001426
Original file (0001426.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01426
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


Applicant requests that his under other than  honorable  conditions  (UOTHC)
discharge be upgraded to general (under honorable conditions).   Applicant's
submission is at Exhibit A.

Applicant's military personnel records  were  destroyed  by  fire  in  1973.
Therefore, the facts surrounding his separation from the  Air  Force  cannot
be verified.

The  appropriate  Air  Force  offices  evaluated  applicant's  request   and
provided advisory opinions to the  Board  recommending  the  application  be
granted (Exhibit C).  The advisory opinions were forwarded to the  applicant
for review and response (Exhibit D).

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  investigation,
Washington, D.C., provided an investigative  report  which  is  attached  at
Exhibit E.  The FBI report was forwarded to the  applicant  for  review  and
response (Exhibit F).

As of this date, no response has been received by this office to either  the
advisory opinions or the FBI report.

After careful consideration of applicant’s request, we note that  there  are
limited records available for review.  Therefore, based upon  the  available
evidence of record and the presumption  of  regularity  in  the  conduct  of
governmental affairs and without evidence to the contrary,  we  must  assume
that  the  applicant’s  discharge  was  proper  and   in   compliance   with
appropriate directives.  We note the Air Force has recommended  clemency  in
this case, however based upon the FBI report we find no basis upon which  to
favorably consider this application.

Accordingly, applicant's request is denied.

The  Board  staff  is  directed  to  inform  applicant  of  this   decision.
Applicant should also be informed that this decision is final and will  only
be reconsidered upon the presentation of new  relevant  evidence  which  was
not reasonably available at the time the application was filed.

Members of the Board Mr. Terry A. Yonkers,  Mr.  George  Franklin,  and  Mr.
Roger Willmeth considered this application on 1  March  2001  in  accordance
with the provisions of Air Force  Instruction  36-2603,  and  the  governing
statute, 10, U.S.C. 1552.




                                     TERRY A. YONKERS
                                     Chair

Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinions
D.  SAF/MIBR Ltr Forwarding Advisory Opinion
E.  FBI Report
F.  AFBCMR Ltr Forwarding FBI Report

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