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AF | BCMR | CY2004 | BC-2004-01540
Original file (BC-2004-01540.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01540
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general  (under  honorable  conditions)  discharge  be  upgraded  to  an
honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded.

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).   Therefore,   the   facts
surrounding his separation from the Air Force cannot be verified.

Available records indicate on 10 January 1958,  the  servicemember  enlisted
in the Regular Air Force for a period of four years.

On 4 April 1958, the servicemember was discharged in  the  grade  of  airman
basic with a general  (under  honorable  conditions)  discharge,  under  the
provisions of AFR 39-16 (Unsuitability).  He served 2 months and 25 days  of
total active service.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, provided a report which is at Exhibit C.

On 2 August 2004, the Board staff requested the servicemember provide  post-
service documentation within 14 days (Exhibit D).

On 16 August  2004,  the  servicemember  was  provided  the  opportunity  to
respond  to  the  FBI  investigation  within  14  days  (Exhibit  E).    The
applicant’s  spouse  telephoned   the   BCMR   staff   and   indicated   the
servicemember was deceased and further indicated  discrepancies  within  the
FBI investigation (race, eye color, hair color, and birth date).

On 30 September 2004, the Board staff requested a second FBI report  due  to
the applicant’s  spouse  contesting  the  information  in  the  report.   By
telephone, personnel at the FBI indicated the report provided  is  the  only
report on file with that member’s  name  and  place  of  birth.   A  further
investigation would require fingerprints.

On 20 October  2004,  the  Board  staff  requested  the  applicant’s  spouse
provide   documentation   to   verify   the   servicemember   is   deceased,
documentation pertaining to the circumstances of his discharge,  information
related  to  his  post-service  activities  and  accomplishments   and   any
information to refute the information in the FBI report (Exhibit F).

The applicant’s spouse provided a response with  attachments;  however,  she
did not provide a death certificate (Exhibit G).

The applicant’s spouse subsequently provided  additional  documentation,  to
include a death certificate, which is at Exhibit H.

_________________________________________________________________

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 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.

4.    Although the applicant  did  not  specifically  request  consideration
based  on  clemency,  we  also  find  insufficient  evidence  to  warrant  a
recommendation  that  the  discharge  be  upgraded  on  that   basis.    The
applicant’s spouse found discrepancies within the FBI report and appears  to
have refuted these issues.  Further, she has provided information  regarding
the servicemember’s post-service activities and  accomplishments.   However,
due to the servicemember’s limited active duty service and the fact that  it
cannot be determined the reason for his discharge, we are not  persuaded  an
upgrade  is   warranted.    Should   the   servicemember’s   spouse   submit
documentation pertaining to his active duty service  and  the  circumstances
of his discharge, we would be willing to review  the  request  for  possible
reconsideration.  Therefore, based on the  evidence  of  record,  we  cannot
conclude that clemency is warranted.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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-2004-
01540 in Executive Session on 18 November and  9 December  2004,  under  the
provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Dorothy P. Loeb, Member
                  Ms. Jan Mulligan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 May 2004, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFBCMR, dated 2 August 2004, w/atch.
   Exhibit E.  Letter, AFBCMR, dated 16 August 2004, w/atch.
   Exhibit F.  Letter, AFBCMR, dated 20 October 2004, w/atchs.
   Exhibit G.  Letter, Applicant’s Spouse, dated 23 October 2004,
                 w/atchs.
   Exhibit H.  Letter, Applicant’s Spouse, undated, w/atchs.




                       RICHARD A. PETERSON
                       Panel Chair







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