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AF | BCMR | CY2001 | 0002267
Original file (0002267.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02267
            INDEX NUMBER:  A50.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to an honorable discharge.

___________________________________________________________________

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.

___________________________________________________________________

STATEMENT OF FACTS:

Based on the DD Form 214, Armed Forces of the United States  Report
of Transfer or Discharge, the applicant is a former member who  was
discharged with an undesirable  discharge  on  27  September  1957,
under the provisions of AFR 39-17 (Unfitness).  He served  2 years,
3 months and 22 days on active duty, with 156 days of lost time.

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

___________________________________________________________________

AIR FORCE EVALUATION:

Based on the AFBCMR memorandum, dated 17 November  1992,  the  case
was forwarded for the Board’s  consideration  without  an  advisory
opinion, because discharge information is not available.

Pursuant  to  the  Board's   request,   the   Federal   Bureau   of
Investigation (FBI), Clarksburg,  WV,  provided  a  report  of  the
applicant’s arrest record (Exhibit C).

___________________________________________________________________

APPLICANT'S REVIEW OF FBI REPORT:

A copy of  the  FBI  report  was  forwarded  to  the  applicant  on
14 December  2000,  for  review   and   response   within   30 days
(Exhibit D).  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.   Based
upon 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.  Therefore, based on the available evidence
of record, we find no basis upon which to favorably  consider  this
application.

4.  Although   the   applicant   did   not   specifically   request
consideration based on clemency, we also find insufficient evidence
to warrant a recommendation that the discharge be upgraded on  that
basis.   We  weighed  the  limited  support  submitted   with   the
application and the available evidence related to his  post-service
conduct.  On balance, we do not believe that clemency is warranted.

___________________________________________________________________

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 30  January  2001,  under  the  provisions  of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Vice Chair
                 Ms. Peggy E. Gordon, Member
                 Mr. Frederick R. Beaman, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Aug 2000, w/atch.
    Exhibit B.  Applicant's DD Form 214.
    Exhibit C.  FBI Report.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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