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AF | BCMR | CY2005 | BC-2005-01686
Original file (BC-2005-01686.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01686
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 NOV 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded.  He was a young man when he  entered  the
Air Force and believes his discharge was unjust.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by  fire  in  1973
at the National Personnel  Record  Center  (NPRC)  in  St. Louis,  Missouri;
therefore, the circumstances surrounding his separation from the  Air  Force
cannot be verified.

The available records indicate on 18 October 1950,  the  applicant  enlisted
in the Regular Air Force for a period of four years.

On  27  November  1953,  the   applicant   was   discharged   with   service
characterized as general (under honorable conditions) under  the  provisions
of AFR 39-14 (Convenience of the Government).  He served 3 years, 9  months,
and 16 days of total active duty service.





Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, West Virginia, indicated they were unable to  identify  with  an
arrest record on the basis of information furnished - Exhibit C.

On  21  July  2005,  the  Board  staff  requested  the   applicant   provide
documentation pertaining to his time in the Air Force,  his  discharge,  and
post-service documentation within 20 days.  As of  this  date,  no  response
has been received by this office (Exhibit D).

_________________________________________________________________

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  documentation
provided by the applicant is noted; however,  in  the  Board’s  opinion  the
applicant has not  provided  sufficient  information  concerning  his  post-
service   activities   and   accomplishments   to   warrant   a    favorable
recommendation on the basis of clemency.

5.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.

_________________________________________________________________








THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or 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  2005-
01686 in Executive Session on 17 August 2005, under the  provisions  of  AFI
36-2603:

                 Mr. Joseph G. Diamond, Panel Chair
                 Mr. Wallace F. Beard Jr., Member
                 Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 July 2005, w/atchs.
   Exhibit B.  Available Master Personnel Records
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFBCMR, dated 21 July 2005, w/atch.
   Exhibit E.  Letter, Applicant, dated 8 August 2005, w/atchs.





                       JOSEPH G. DIAMOND
                       Panel Chair



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