RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-01967
            INDEX CODE: 110.00

            COUNSEL:  DAV

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  undesirable  discharge  be  upgraded  to   general   (under   honorable
conditions).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded.

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

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by  fire  in  1973  at
the National Personnel Record Center (NPRC) in St. Louis,  Missouri.   Other
than the applicant’s attached  brief  and  a  copy  of  his  Certificate  of
Military Service obtained from NPRC, the facts leading to the discharge  are
not available in his records.  The available records indicate the  applicant
was administratively discharged for unfitness and  his  separation  resulted
from his own misconduct.  The applicant admits in his affidavit of  sleeping
on post, having a pistol, and  leaving  base  without  signing  out-  absent
without leave (AWOL).   He  was  convicted  by  summary  court-martial.   He
states his punishment was too harsh compared to today’s standards.

The applicant was discharged on 19 July 1957, in the grade of  airman  basic
with  an  undesirable  discharge,  under  the  provisions  of   AFR   39-17,
Unfitness.  He served 2 years, 2 months,  and  28  days  of  total  military
service.

On 7 December 1979 the Air Force Discharge Review Board  (AFDRB)  considered
and denied the  applicant’s  request  for  an  upgrade  of  his  undesirable
discharge to an honorable discharge.  They concluded that the discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation and was within the sound discretion  of  the  discharge
authority.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, provided an Investigative  Report,  which  is  at
Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that based upon  the  limited
documentation in the file, they believe the discharge  was  consistent  with
the procedural and substantive requirements  of  the  discharge  regulation.
The discharge was within the sound discretion of  the  discharge  authority.
The applicant did not submit any new evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing.  He provided no  facts
warranting an upgrade of this discharge.  He did not file a timely request.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 June 2002, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response within 30 days.

On  1  August  2002,  the  applicant  requested  his  case  be   temporarily
withdrawn.

On 23 September 2002, the applicant’s case was temporarily withdrawn.

On 26 March 2003, the applicant’s case was reopened in accordance  with  his
request (Exhibit H).

On 14 April 2003, a copy of the  FBI  Investigation  was  forwarded  to  the
applicant for review and response within 14  days.   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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or an injustice.   Applicant’s  contentions  are  duly
noted; however, it appears the applicant’s personnel files  were  apparently
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 service  member’s  separation  was  proper
and in compliance with appropriate directives.  The only  other  basis  upon
which to upgrade his discharge would  be  based  on  clemency.   However,  a
review of the FBI investigative report indicates his behavior continued  and
worsened after his separation.  Consequently, we find  no  justification  to
recommend upgrading the discharge on the basis of  clemency.   We  therefore
agree with the recommendations of  the  Air  Force  and,  absent  persuasive
evidence to  the  contrary,  we  find  no  compelling  reason  to  recommend
granting the relief sought.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an error or an 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 12 June 2003, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Panel Chair
                 Mr. Joseph A. Roj, Member
                 Ms. Cheryl Jacobson, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2002-01967 was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 15 July 2002.
   Exhibit E.  Letter, SAF/MRBR, dated 26 July 2003.
   Exhibit F.  Letter, Applicant, dated 1 August 2002, w/atch.
   Exhibit G.  Letter, AFBCMR, dated 23 September 2002.
   Exhibit H.  Letter, DAV, dated 26 March 2003, w/atchs.
   Exhibit I.  Letter, AFBCMR, dated 14 April 2003.




                       THOMAS S. MARKIEWICZ
                       Vice Chair