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AF | BCMR | CY2004 | BC-2004-01037
Original file (BC-2004-01037.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-01037

                                        COUNSEL: No

                                        HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for taking a friend’s car  without  permission  and  being
held for 10 days by civilian  law  enforcement.   He  was  never  allowed  a
formal hearing or legal counseling, however, an officer  came  to  the  jail
with discharge papers told him to sign them and  he  was  never  allowed  to
return to base.

In support of his request, he submits copies of Letters of Appreciation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records  were  destroyed  by  fire  in  1973.
Therefore, the facts surrounding his service and  separation  from  the  Air
Force cannot be verified.

Based on available documentation, he was discharged on 9 February 1953  with
an undesirable discharge.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg,  West  Virginia,  provided  an  investigative  report  which  is
attached at Exhibit B.

_________________________________________________________________






AIR FORCE EVALUATION:

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A FBI Report was forwarded to the applicant for review and response within
15 days.

_________________________________________________________________

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.  The only other basis upon  which
to  upgrade  his  discharge  would   be   based   on   clemency.    However,
documentation  pertaining  to  his  post-service  activities  has  not  been
provided.  Should he provide documentary evidence pertaining  to  his  post-
service record, we would be  willing  to  reconsider  his  appeal.   In  the
absence of such evidence, favorable action is not recommended.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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-2004-01037
in Executive Session on 3 June 2004, under the provisions of AFI 36-2603:

                 Mr. Gregory H. Petkoff, Panel Chair
                 Ms. Renee M. Collier, Member
                 Ms. Martha A. Maust, Member

The following documentary evidence was considered:


     Exhibit A. DD Form 149, dated 22 Mar 04.
      Exhibit B. FBI Report, dated 28 Apr 04.
      Exhibit C. Letter, SAF/MRBR dated 7 May 2007




      GREGORY H. PETKOFF
      Panel Chair


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