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AF | BCMR | CY2003 | BC-2003-01488
Original file (BC-2003-01488.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01488
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge to be upgraded.

In support of his appeal, the applicant provided a copy of his DD  Form  214
(Armed Forces of the United States Report  of  Transfer  or  Discharge)  and
other documentation.

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

_________________________________________________________________

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.
Therefore, the facts surrounding his separation from the  Air  Force  cannot
be verified.  The following information was obtained from his DD Form 214.

Applicant enlisted in the Regular Air Force on 9 July 1956 in the  grade  of
airman basic for a period of four years.

On 7 February 1958, the applicant was discharged  in  the  grade  of  airman
basic with service characterized as general  (under  honorable  conditions),
under the provisions of AFR 39-16 (Inaptitude or Unsuitability).  He  served
a total of 1 year, 6 months and 29 days of active service.

On 2 and 29 May 2003, SAF/MRBR  advised  the  applicant  that  his  military
personnel records were destroyed in the 1973 fire at the NPRC and  requested
he provide them copies of any documents/records that  he  may  have  in  his
possession and  any  other  information  that  would  assist  the  Board  in
rendering a positive decision in his  request  within  30  days.   He  never
responded (Exhibit E).

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated that they were  unable  to  identify  with  arrest
record on basis of information furnished.  (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS deferred their recommendation  to  the  AFBCMR.   They  indicated
that other than the applicant’s DD Form 214 there is  nothing  available  to
determine the factors leading to the discharge  or  the  discharge  process.
The  separation  code  on  his  DD  Form  214  is   “363”   (inaptitude   of
unsuitability).

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 July 2003, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

On 4 August 2003, the Board staff  requested  the  applicant  provide  post-
service documentation within 14 days.  As of  this  date,  no  response  has
been received by this office (Exhibit F).

_________________________________________________________________

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 injustice.   We  took  notice  of  the  applicant's
complete submission in judging  the  merits  of  the  case.   After  careful
consideration of applicant’s request and the available evidence  of  record,
we find insufficient evidence of error or injustice  to  warrant  corrective
action with respect to  his  request.   The  applicant’s  personnel  records
appear to have been destroyed by fire and we do not know  the  circumstances
surrounding his separation.   In  the  absence  of  these  circumstances  we
cannot determine whether or not he would have  received  the  same  type  of
discharge under current standards.  We also find  insufficient  evidence  to
warrant a recommendation that the discharge be  upgraded  on  the  basis  of
clemency.  Applicant  has  not  provided  information  of  his  post-service
activities and accomplishments.  Should  the  applicant  provide  statements
from community leaders and acquaintances attesting  to  his  good  character
and reputation and other evidence  of  successful  post-service  activities,
this Board  would  be  willing  to  review  this  information  for  possible
reconsideration  of  this  case.   However,  based  on  the  presumption  of
regularity in the conduct of government affairs and without evidence to  the
contrary, we must assume the applicant was  afforded  all  rights  to  which
entitled,  that  appropriate  regulations  were  followed,  or   appropriate
standards were applied.  Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling  basis  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 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 AFBCMR Docket Number  BC-2003-
01488 in Executive Session on 4 September 2003 under the provisions  of  AFI
36-2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Ms. Nancy Wells Drury, Member
                 Mr. Robert H. Altman, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 January 2003, w/atchs.
   Exhibit B.  Available Applicant's Master Personnel Records.
   Exhibit C.  FBI Report - Negative.
   Exhibit D.  Letter, AFPC/DPPRS, dated 1 July 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 11 July 2003, w/atchs.
   Exhibit F.  Letter, AFBCMR, dated 4 August 2003, w/atch.





                                   PATRICIA D. VESTAL
                                   Panel Chair

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