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AF | BCMR | CY2002 | 0202321
Original file (0202321.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02321
            INDEX CODE:  110.01
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1947 he  served  for  one  year  in  the  Air  Force  and  was  honorably
discharged.  In July 1948, he reenlisted  in  the  Air  Force.   During  his
processing for an overseas assignment he was informed that he had  committed
fraud by failing to list his prior police record.   He  told  his  commander
that he did not intentionally omit the police  record  (which  was  for  joy
riding) he just didn’t think of it at the time of his reenlistment.

In support of his request, applicant provided a personal statement,  a  copy
of his undesirable discharge certificate,  and  a  copy  of  his  WD  53-59,
Enlisted Record  and  Report  of  Separation,  Undesirable  Discharge.   His
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed in  1973  by  fire  at
the National Personnel Records Center (NPRC) in St  Louis.  MO.   Therefore,
the facts surrounding his discharge from the Air Force cannot be verified.

Documentation provided by the applicant  reflects  that  he  was  discharged
from the United States Air Force on 17 Aug 49 under  the  provisions  of  AR
615-366 and issued an undesirable discharge.

_________________________________________________________________

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 error or injustice.  Based upon the presumption  of  regularity
in the conduct of governmental affairs and without persuasive evidence  that
would lead us to believe otherwise, 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.  The  only  other  basis  upon
which to upgrade his discharge would be based  on  clemency.   However,  the
applicant has failed  to  provide  documentation  pertaining  to  his  post-
service activities.  Should he provide documentary  evidence  pertaining  to
his post-service activities we would be willing to  reconsider  his  appeal.
In the absence of such evidence, favorable action is not recommended.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  02-02321  in
Executive Session on 19 Sep 02, under the provisions of AFI 36-2603:

      Mr. Edward C. Koenig III, Panel Chair
      Mr. John E. Pettit, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Jul 02, w/atchs.
    Exhibit B.  Letter, SAF/MRBR, dated 26 Jul 02.




                                   EDWARD C. KOENIG III
                                   Panel Chair

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