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AF | BCMR | CY2004 | BC-2003-03215
Original file (BC-2003-03215.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-03215
            INDEX CODE:  131.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge should be upgraded because it is just.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by the 1973 fire
at the National Personnel Records Center and only limited  information
is available for review.

The available records reveal the applicant served on active duty from
17 March 1955 through 10 May 1957.  He was discharged  from  the  Air
Force on 10 May 1957, in the grade of airman basic,  with  a  general
under honorable conditions discharge.  He served 2 years, 1 month and
24 days of active duty service.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS states they are unable to determine the propriety of the
applicant’s discharge based  on  the  lack  of  documentation  in  his
records.  The applicant has not submitted any evidence, nor identified
any errors in the processing of his  discharge,  nor  did  he  provide
facts that support  changing  his  separation.   Furthermore,  if  the
request were granted there is no discharge
form to correct, the applicant would only receive a  letter  from  the
Board stating he received an honorable discharge.  They recommend  the
applicant’s request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
21 November 2003, for review  and  response.   As  of  this  date,  no
response has been received by this office.

On 11 December 2003, the Board staff requested the  applicant  provide
any  documentation  which  pertained  to  his  military  service   and
discharge.  The staff also advised  the  applicant  that  he  had  not
provided any post-service information and  that  this  information  is
helpful to the Board (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 waive the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  Based upon  the  presumption  of
regularity in the conduct of governmental affairs and without evidence
to the contrary, we must assume the applicant’s discharge  was  proper
and in compliance with  appropriate  directives.   Therefore,  in  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought in 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-
2003-03215 in  Executive  Session  on  24  February  2004,  under  the
provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Mr. John B. Hennessey, Member
                       Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Oct 03, w/atchs.
   Exhibit B.  Available Reconstructed Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 13 Nov 03.
   Exhibit E.  Letter, SAF/MRBR, dated 21 Nov 03.
   Exhibit F.  Letter, AFBCMR, dated 11 Dec 03.




                                        OLGA M. CRERAR
                                        Panel Chair

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