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AF | BCMR | CY2006 | BC-2006-00641
Original file (BC-2006-00641.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00641
                                       INDEX CODE:  110.02
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

                                             HEARING DESIRED:  NO




MANDATORY CASE COMPLETION DATE:  3 September 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her father’s Under Other Than  Honorable  Conditions  (UOTHC)  discharge  be
upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She is seeking only to correct her  father’s  record  in  order  to  try  to
obtain a headstone for his grave through the Department of Veterans  Affairs
(DVA).  She is not seeking any monetary benefit.

In support  of  her  application,  the  applicant  provides  copies  of  her
father’s DD Form 214, Certificate of Release or Discharge from Active  Duty;
her  father’s  birth  and  death  certificates,   and   her   identification
documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to the DD Form  214  submitted  by  the  applicant,  the  decedent
enlisted in the Regular Air Force at the age  of  19  on  19 May  1974.   He
served seven years and 5 months as an Airframe  Repair  Specialist.   On  22
January 1982, the applicant was discharged with an UOTHC  discharge  with  a
reenlistment eligibility (RE) code of 2B (separated with a general or  UOTHC
discharge) and a narrative reason for separation of “Misconduct  –  Frequent
Involvement of a Discreditable Nature.”  He served 7 years,  7  months,  and
18 days of active duty of which 5 years, 2 months, and 22 days  was  Foreign
Service.

No other military service records can be located; therefore,  an  Air  Force
advisory opinion was unable to  be  accomplished.   The  applicant  did  not
submit information surrounding the decedent’s discharge.

_________________________________________________________________

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 characterization of  discharge
was proper and in compliance with appropriate directives.  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 this application in  Executive
Session on 25 July 2006, under the provisions of AFI 36-2603:

      Mr. James W. Russell, III, Panel Chair
      Mr. Elwood C. Lewis, III, Member
      Ms. Janet I. Hassan, Member


The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2005-01094:

      Exhibit A.  DD Form 149, dtd 22 Feb 06, w/atchs.
      Exhibit B.  Letters, SAF/MRBR, dtd 11, 27, & 30  May 06.




                                  JAMES W. RUSSELL, III
                                                   Panel Chair

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