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AF | BCMR | CY2006 | BC-06-02045
Original file (BC-06-02045.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02045
            INDEX CODE:  110.02
      xxxxxxxxxxxxxxx  COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 APR 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He separated  early  to  attend  college  and  no  disciplinary  action  was
associated with his discharge.

In support of his request, applicant provided DD Form 293,  Application  for
the Review of Discharge or Dismissal from the Armed  Forces  of  the  United
States.

His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records were destroyed  by  fire  at  the
National  Personnel  Records  Center  in   1973.    Therefore,   the   facts
surrounding his separation cannot be  verified.   Data  extracted  from  his
reconstructed records reflects that he was discharged on 4 March  1960,  and
received a general (under honorable conditions discharge.

Based on the limited documentation available for review, the  applicant  was
requested to furnish information concerning the  basis  for  his  separation
from the Air Force (Exhibit C).

_________________________________________________________________

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 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 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 this application in  Executive
Session on 26 October 2006, under the provisions of AFI 36-2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Todd L. Schafer, Member
                       Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Jul 06.
    Exhibit B.  Applicant's Reconstructed Personnel Records.
    Exhibit C.  Letter, SAF/MRBR, dated 20 July 06.




                                             MICHAEL J. NOVEL
                                             Panel Chair

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