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AF | BCMR | CY2006 | BC-2006-00286
Original file (BC-2006-00286.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00286
            INDEX CODE:  110.02
            COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  1 AUGUST 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His father’s other than honorable discharge  (undesirable)  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His father received an honorable discharge for the first four years  of  his
enlistment. He  reenlisted  and  started  having  problems  with  his  first
sergeant.

In support of the application, applicant provided a  Certificate  of  Death,
DD Form 293, Application for the Review of Discharge or Dismissal  from  the
Armed Forces of the United States, personal letter from the former  member’s
wife, Certification of Military  Service,  DD  Form  214,  and  Letter  from
National Personnel Records Center.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's father’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
prior to the period of service under review, the applicant’s  father  served
honorably in the Air Force on his initial enlistment from  1  November  1952
until 2 November 1956.  On      27 October 1959,  he  was  discharged  under
the provisions of     AFR  39-17  (Unfitness),  and  issued  an  other  than
honorable discharge (undesirable).

_________________________________________________________________

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  father’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  father’s
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-2006-
00286 in Executive Session on 18 April 2006, under the provisions of AFI 36-
2603:

      Mr. John B. Hennessey, Vice Chair
      Ms. LeLoy W.Cottrell, Member
      Ms. Cathlynn B. Sparks, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jan 06.
     Exhibit  B.   Applicant's  Father’s  Reconstructed   Personnel
Records.




                                             JOHN B. HENNESSEY
                                             Panel Chair

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