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AF | BCMR | CY2006 | BC-2005-03163
Original file (BC-2005-03163.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03163
            INDEX CODE:  110.02
      XXXXXXXXXXXXX    COUNSEL:  NONE

      XXXXXXXXXXXXXX   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  21 APR 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wrongfully accused and  convicted  of  a  crime  and  only  spent  10
minutes with legal counsel prior to  his  court-martial.   He  believes  his
discharged was upgraded to honorable in  the  1960s  after  his  congressman
intervened on his behalf.

In support of his request, applicant provided a personal  statement  and  DD
Form 293, Application for the Review of  discharge  or  dismissal  from  the
Armed Forces of the United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by fire  in  1973.
Therefore, the facts surrounding his separation cannot  be  verified.   Data
extracted from his reconstructed records reflects that he  enlisted  in  the
Regular Force on 27 August 1954, for a term of 4 years.  He  was  discharged
under the provisions of AFR 39-18,  and  special  court-martial  #55  on  30
August 1958, and issued a BCD.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 13  Dec  2005,  that,  on  the  basis  of  data
furnished, they are unable to locate an arrest record.

_________________________________________________________________

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 5 January 2006, under the provisions of AFI 36-2603:

                       Mr. John B. Hennessey, Panel Chair
                       Mr. Joseph D. Yount, Member
                       Mr. Charles e. Bennett, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 13 Oct 05.
    Exhibit B.  Applicant's Reconstructed Personnel Records.
    Exhibit C.  Letter, SAF/MRBR, dated 25 Oct 05.
    Exhibit D.  FBI Response, dated 19 Dec 05.




                                             JOHN B. HENNESSEY
                                             Panel Chair

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