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AF | BCMR | CY2005 | BC-2005-02674
Original file (BC-2005-02674.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02674
                                       INDEX CODE:  110.00
      XXXXXXX                                COUNSEL: NO

      XXXXXXX                           HEARING DESIRED: NOT INDICATED

MANDATORY CASE COMPLETION DATE: 28 FEBRUARY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Applicant makes no contentions.

In support of his application, applicant submitted a copy of  DD  Form
214, Armed Forces of the United States Report of Transfer Discharge

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

_________________________________________________________________

STATEMENT OF FACTS:

Available records indicate the applicant entered  active  duty      27
December 1954 and was  discharged  with  a  general  (under  honorable
conditions) discharge on 3 April 1958 in the grade  of  airman  second
class.

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 since his release from service (see Exhibit B).

_________________________________________________________________


AIR FORCE EVALUATION:

The Air Force was not able to evaluate this application  due  to  non-
availability 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.  In the absence  of  such  evidence,  favorable
action is not recommended.  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-2005-
02674 in Executive Session on 13 October 2005, under the provisions of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Dorothy P. Loeb, Member
      Ms. Jan Mulligan, Member




The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Aug 05.
    Exhibit B.  FBI Report, dated 20 Sept 05.





                                             THOMAS S. MARKIEWICZ
                                             Chair

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