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AF | BCMR | CY2006 | BC-2006-00626
Original file (BC-2006-00626.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00626
            INDEX CODE: 106.00
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 31 Aug 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1958 general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant tells his life’s story.  He contends he  was  too  young
and blames his first and second wives for spending money  and  getting
him into debt.  His work began to be affected by his  depression.   He
was injured and wanted to take convalescent leave to go home and  save
his (second) marriage.  His request for leave was  denied  so  he  and
some friends went absent without leave (AWOL).  Once home, he realized
he would have to divorce his second wife and he subsequently  returned
to Travis AFB.  He began to break down and wanted to be separated.  He
indicates he lost a stripe and accepted a general discharge.   He  has
remarried (44 years) and not been in any trouble.  He contends he is a
good father and Christian.  He describes some of  his  heroic  actions
after his discharge and notes that his son is a  career  Navy  member.
He worked for nearly 30  years,  became  disabled  in  1998,  and  has
undergone major surgery for pancreatic cancer.  He wants an Air  Force
funeral and Department of Veterans Affairs (DVA) benefits.

The  applicant’s  complete  submission,  which  includes   a   24-page
handwritten statement and other attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records apparently  were  destroyed
by fire in 1973 at  the  National  Personnel  Records  Center  (NPRC).
Therefore, the facts surrounding his separation  cannot  be  verified.
According to a National Archives & Records Administration Form  13038,
dated 27 Oct 05, the applicant enlisted in the Air Force on 13 Jun  55
and was discharged in the grade of airman third  class  on  18 Sep  58
with a general (under honorable conditions) characterization.  Special
Order No. S-1323, dated 18 Sep 58, reflects the applicant was assigned
to the 5th Transportation Squadron at Travis AFB, CA, and confirms his
grade and discharge.  No further information is available.

_________________________________________________________________

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.  The applicant’s military records
apparently were destroyed by the 1973 fire  at  NPRC.   Based  on  the
presumption of regularity in the conduct of governmental affairs,  and
without evidence to the  contrary,  we  must  assume  the  applicant’s
discharge was proper and in compliance  with  appropriate  directives.
Therefore, the only other basis upon which to  upgrade  his  discharge
would be clemency, and the Board majority is not inclined to recommend
clemency at this time.  In this regard,  the  majority  of  the  Board
noted  that,  other  than  his  own  uncorroborated  assertions,   the
applicant provided no evidence his discharge occurred as he  described
or he became a law-abiding, productive member  of  society  since  his
separation.  However, we also noted he listed some individuals in  his
statement as potential references.  The applicant should be aware  the
Board is not an investigative body, nor does it contact  witnesses  in
behalf of an individual; the responsibility  of  providing  supporting
evidence rests with each applicant. Therefore, we strongly suggest the
applicant contact the people listed and others who could attest to his
character and contributions to society.  Further,  since  his  service
records were destroyed, it would be helpful to this Board if he  could
also submit copies of  any  official  documents  he  might  have  that
provide information about his military service and  the  circumstances
of his discharge.  Statements from former military  members  who  have
knowledge of his service would also be useful.  The AFBCMR Staff  will
provide the applicant a copy of the Information Bulletin,  Upgrade  of
Discharge - Clemency, which gives additional guidance on this  matter.
Should the applicant submit post-service information,  and  any  other
verification of his contentions, the Board majority would  be  willing
to review his case for possible reconsideration.  The  Board  majority
caveats these suggestions, however, by reminding  the  applicant  that
the submission of such documents does not guarantee his request for an
honorable discharge will be granted.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 21 June 2006 under the provisions of AFI 36-2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Ms. Debra K. Walker, Member

By a majority vote, the Board recommended denial of  the  application.
Ms. Murray voted to grant on the basis of clemency, but does not  wish
to submit a  Minority  Report.   The  following  documentary  evidence
relating to AFBCMR Docket Number BC-2006-00626 was considered:

   Exhibit A.  DD Form 149, undated (received 27 Feb 06, w/atchs.
   Exhibit B.  Applicant's Reconstructed Personnel Records.




                                   B. J. WHITE-OLSON
                                   Panel Chair

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