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AF | BCMR | CY2003 | BC-2003-00726
Original file (BC-2003-00726.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-00726
                                        INDEX CODE:  110.00

                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable  conditions)  discharge  be  changed  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he told Dr. C--- in the Air Force that he was gay he was  crying
out for help.  In reality he was paranoid schizophrenia (he was given
an undesirable discharge later upgraded to a general (under honorable
conditions) discharge).

In support of the appeal, applicant submits a copy of his DD Form 293
and a copy of his medical evaluation and a copy of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s master  personnel  record  (MPR)  appears  to  have  been
destroyed or lost.  However, the following facts have  been  obtained
from a copy of a separation document provided by the applicant.

Applicant enlisted in the Regular Air Force on 20 May 1964 at the age
of 20 for a period of 4 years.

On 27 September 1965, while serving in  the  grade  of  airman  third
class, he was discharged from the Air Force with an  under  honorable
conditions discharge in the provisions of Chapter 2, Section  B,  AFM
39-12, for unfitness.

Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an investigative report  that  is
attached at Exhibit B.  On 22 July 2003, a copy of the Federal Bureau
of Investigation (FBI) Report was  forwarded  to  the  applicant  for
review and response within 30 days.  As of this date, this office has
received no response.

_________________________________________________________________

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.   We  note  that  there  is  no
documentary evidence available relating  to  the  reason(s)  for  the
applicant’s separation.  Based on the presumption  of  regularity  in
governmental affairs and in the absence of evidence by the  applicant
showing the contrary, we assume that his discharge was proper and  in
accordance with the provisions of the discharge directive under which
it was effected.  The only other basis by which the  applicant  could
be afforded the relief he seeks would be as a form of clemency  based
on a successful post service adjustment.  Other than his own personal
statement, the applicant has provided  no  evidence  to  substantiate
that in the years since his separation,  he  has  led  a  useful  and
productive life.  We also noted that the applicant was discharged  in
1964 and that in 1989, information in the FBI report  indicates  that
he was convicted in  a  civil  court  for  the  offenses  of  “simple
assault” and communicating “terroristic threats.”   In  view  of  the
foregoing and in the absence of any documentary  evidence  pertaining
to the quality of his service and the circumstances  surrounding  his
separation, favorable consideration of the applicant’s request is not
possible.

_________________________________________________________________

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 this  application,  BC-
2003-00726, in Executive  Session  on  30  October  2003,  under  the
provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Charlie E. Williams, Jr., Member
                       Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 25 Jan 03, w/atchs.
      Exhibit B.  FBI Report.
      Exhibit C.  Ltr, AFBCMR, dtd 22 Jul 03.




                                        RICHARD A. PETERSON
                                        Panel Chair



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