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AF | BCMR | CY2004 | BC-2004-02255
Original file (BC-2004-02255.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02255
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

_________________________________________________________________

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 26 July 1954, the applicant  enlisted  in  the
Regular Air Force.

On 21 March 1956, the applicant was discharged in the grade of airman  third
class under the provisions AFR 39-22 - Civil Court Conviction.  He served  1
year, 7 months, and 26 days of total active duty service with  133  days  of
lost time.

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

On 30 September 2004, the Board staff requested the applicant provide  post-
service documentation within 14 days (Exhibit D).

On 12 October 2004, the applicant was provided the  opportunity  to  respond
to the FBI investigation within 14 days (Exhibit E).

The applicant provided post-service documentation which is at 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 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 the  discharge  be  upgraded  on  that  basis.   The  letters
submitted in behalf of the applicant are noted; however, while  the  current
FBI is clean, previous FBI reflects misconduct subsequent to his  discharge.
 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 this application in  Executive
Session on 8 December 2004, under the provisions of AFI 36-2603:

                 Ms. Martha J. Evans, Panel Chair
                 Mr. Alan A. Blomgren, Member
                 Mr. Michael J. Novel, Member



The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2004-02255 was considered:

   Exhibit A.  DD Form 149, dated 18 August 2004, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFBCMR, dated 30 September 2004, w/atch.
   Exhibit E.  Letter, AFBCMR, dated 12 October 2004, w/atch.
   Exhibit F.  Letters, Character References,
                 dated 5 October 2004.




                       MARTHA J. EVANS
                       Panel Chair



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