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AF | BCMR | CY2006 | BC-2006-00165
Original file (BC-2006-00165.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2006-
00165
                                             INDEX CODE:  110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  17 July 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:


His undesirable discharge be upgraded to honorable.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was told that if he took an “early out,”  he  would  receive  an
honorable discharge.

He would like to join the American Legion as a “Legioneer.”

He would like to receive a VA home loan.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

All attempts to obtain applicant’s military personnel records  have
been unsuccessful.  It appears his records were  destroyed  in  the
fire at St. Louis in 1973.  Therefore, the  facts  surrounding  his
separation cannot be verified.

Data extracted from his  reconstructed  records  reflects  that  he
enlisted in the Regular Air Force on 7 Sep 55,  was  discharged  on
13 Nov 57, and issued an undesirable discharge.

Pursuant to the request of the Board on  13  Apr  06,  the  Federal
Bureau of Investigation, Clarksburg, WV, indicated on  17  Apr  06,
that, on the basis of data furnished, they are unable to locate  an
arrest record (Exhibit C).

___________________________________________________________________


AIR FORCE EVALUATION:

EXAMINER’S NOTE:  Due to  applicant’s  military  personnel  records
being missing  or  destroyed,  the  Air  Force  office  of  primary
responsibility was unable to provide an advisory opinion addressing
the discharge action.

On 24 Feb 06, the AFBCMR staff offered the applicant an opportunity
to provide additional documentation pertaining to  his  service  in
the Air Force and the facts surrounding his discharge.  To date, no
response has been received by this office.  (Exhibit D)

On 24 Apr 06, the AFBCMR offered the applicant  an  opportunity  to
provide information pertaining to his activities since leaving  the
service.  The applicant responded with a personal letter indicating
that since his release from the military he spends approximately 70
hours a week volunteering at an American Legion  post  in  Indiana.
(Exhibit F).

___________________________________________________________________

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.   Upon  thoroughly
reviewing the limited evidence of record and noting the applicant’s
complete submission, it appears the  applicant’s  military  records
were destroyed by  fire;  thus  the  Board  could  not  review  the
circumstances surrounding his separation.  Based on the presumption
of regularity in the conduct of governmental affairs, however,  the
Board assumed that the discharge was proper and in compliance  with
appropriate directives.  Therefore, in the absence of  evidence  to
the contrary, we find no compelling basis to recommend granting the
relief sought in 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 Docket Number BC-2006-
00165 in Executive Session on 8 June 2006, under the provisions  of
AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. Todd L. Schafer, Member
      Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jan 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 06.
    Exhibit E.  Letter, AFBCMR, dated 24 Apr 06.
    Exhibit F.  Letter, Applicant, 5 May 06.




                                   WAYNE R. GRACIE
                                   Panel Chair

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