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AF | BCMR | CY2006 | BC-2005-03637
Original file (BC-2005-03637.DOC) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03637
            INDEX CODE:  110.02
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________


MANDATORY CASE COMPLETION DATE:  3 JUN 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received a general discharge because of lost time. He believes  the
lost time was inappropriate because he was a sick man at the time  and
was unable to comprehend.   There  was  miscommunication  between  the
hospital and him.  He  was  restricted  to  quarters,  and  since  his
quarters were off base, he went home and was charged with being absent
without leave (AWOL). He was a young man and did  not  understand  his
situation.

In support of his application, he submits a copy of  his  DD Form 214,
Certificate of Release or Discharge from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:


The applicant enlisted in the regular Air Force on 14  September  1950
and was separated on 23 October 1953.  He was credited with 4 years, 6
months and 16 days of service for pay (excludes 36 days of lost time).

The  applicant's  military  personnel  records  were  not   available.
Therefore, the facts surrounding his separation cannot be verified.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, WV, indicated on 8 June 2006, that, on the basis  of  data
furnished, they are unable to locate an arrest record (Exhibit B).

_________________________________________________________________


AIR FORCE EVALUATION:

The  applicant's  military  personnel  records  were  not   available.
Therefore, the case was forwarded without and advisory.

_________________________________________________________________

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.   In  addition,
the  Board  noted  the  applicant  did  not  provide  any  information
pertaining to his activities since leaving the service.  If he were to
submit additional post-service documentation, the Board may be willing
to reconsider his appeal as a matter of clemency.  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 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 AFBCMR Docket Number BC-
2005-03637 in Executive Session on 19 July 2006, under the  provisions
of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Barbara R. Murray, Member
      Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Nov 05, w/atch.
    Exhibit B.  FBI Report.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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