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AF | BCMR | CY2003 | BC-2003-02322
Original file (BC-2003-02322.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-02322

                                        COUNSEL: No

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was convicted of auto theft when he was totally  unaware  that  the
car he was riding in had been stolen.  He did not know that his friend
had stolen the auto in Champaign Illinois until he  was  arrested.  He
rode to La Crosse Wisconsin with a soldier “friend” with the idea that
the friend was selling the auto to one of his relatives.  He  was  not
given any counsel surrounding the matter of the  case.  The  case  was
presented without his knowledge.

In support of his appeal, he has provided a  copy  of  a  letter  from
Senator  Fitzgerald  and  from  Deputy  Chief,  Congressional  Inquiry
Division, Office of Legislative Liaison.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were unavailable.  All that  is
available is a copy of his DD Form 214,  indicating  he  was  given  a
discharge for a conviction by Civil Court for a serious offense  under
AR 615-360 on 12 December 1942. Therefore, the facts  surrounding  his
service and separation from the Air Force  cannot  be  verified.   The
only available documentation is at Exhibit B.

_________________________________________________________________





AIR FORCE EVALUATION:

The Air Force was  not  able  to  evaluate  this  application  due  to
nonavailability of personnel records.

_________________________________________________________________

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.  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 a 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  BC-2003-
02322 on 14 October 2003 under the provisions of AFI 36-2603:

                 Mr. John L. Robuck, Panel Chairman
                 Mr. Robert H. Altman, Member
                 Mr. Albert C. Ellett, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 22 Apr 03, w/atchs.
      Exhibit B. Available Personnel Records.



      JOHN L. ROBUCK
      Panel Chair

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