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AF | BCMR | CY2003 | BC-2003-02129
Original file (BC-2003-02129.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02129
            INDEX CODE:  04.27

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While under duress, he confessed to some things  he  did  not  commit.
When he recanted his confession, he was discharged as  a  psychopathic
liar.

In  support  of  his  appeal,  the  applicant  provided  congressional
correspondence,  which  included  his  personal  statement,  and   his
certificate of military service.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's available military  personnel  records  indicate  that  he
enlisted in the Air Force on 25 Sep 59.  He was discharged  on  21 Dec
62 and furnished a general discharge.

(Examiner's Note:   Pursuant  to  the  Board's  staff's  request,  the
Federal  Bureau  of  Investigation,  Washington,  D.C.,  provided   an
investigative report.  The report did not appear  to  pertain  to  the
applicant, since the applicant was a male and the person identified in
the report was a female.  However, they indicated that because of  the
identical dates of birth, and similarities in the places of birth  and
social security  numbers,  they  were  unable  to  provide  any  other
investigative report).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS indicated that they were unable to determine the  propriety
of the applicant's discharge based on the lack of documentation in his
records.  In their view, the applicant did not identify any errors  in
the  discharge  processing,  nor  provide  any  facts  that  supported
upgrading his discharge.

AFPC/DPPRS deferred to the  Board  for  a  determination  whether  the
applicant should be granted relief.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinion and furnished a  response  and
additional documentary evidence which are attached at Exhibit E.

Pursuant to  the  Board's  staff's  request,  the  applicant  provided
additional documentary evidence for the Board's  consideration,  which
is attached at Exhibit G.

_________________________________________________________________

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.   The  applicant's  available
military  personnel  records  indicate  that  he  was  discharged   on
21 Dec 62  and  furnished  a  general  discharge.   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.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2003-02129 in Executive Session on 23 Sep 03, under the provisions  of
AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. James W. Russell III, Member
      Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 May 03, w/atchs.
    Exhibit B.  Applicant's Master  Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 16 Jul 03.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.
    Exhibit E.  Letter, applicant, dated 1 Aug 03, w/atch.
    Exhibit F.  Letter, AFBCMR, dated 19 Aug 03.
    Exhibit G.  Letter, applicant, dated 21 Aug 03, w/atchs.




                                   JOHN L. ROBUCK
                                   Panel Chair



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