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AF | BCMR | CY2005 | BC-2005-00774
Original file (BC-2005-00774.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-00774

      XXXXXXX                     COUNSEL: NO

      XXXXXXX                           HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  5 SEP 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His other than honorable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and made a big mistake. He wants to upgrade his discharge
to honorable.  He has grown up a lot since then.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Available  records  indicate  the  applicant   entered   active   duty
10 January 1954 and  was  discharged  with  an  other  than  honorable
discharge on 10 April 1959 in the grade of airman basic.

The remaining applicant’s military personnel records were destroyed by
fire in 1973.  Therefore, the facts surrounding his service in the Air
Force cannot be verified.

Pursuant to the Board's request for information, the Federal Bureau of
Information (FBI) indicated that, on  the  basis  of  the  information
provided, they were unable to locate an arrest  record  pertaining  to
the applicant (see Exhibit C).

_________________________________________________________________

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.  The only  other
basis upon which to upgrade his discharge would be based on  clemency.
However, applicant has failed to provide documentation  pertaining  to
his post service activities.  Should he provide  documentary  evidence
pertaining to his post service  activities  we  would  be  willing  to
reconsider his appeal. 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 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-2004-00774
in Executive Session on 26 April 2005, under the provisions of AFI 36-2603:

                 Ms. B.J. White-Olson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Mar 05.
    Exhibit B.  Applicant's Reconstructed Personnel Records.
    Exhibit C.  FBI Report, dated 24 March 2005




                                             B. J. WHITE-OLSON
                                             Panel Chair

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