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AF | BCMR | CY2006 | BC-2006-00781
Original file (BC-2006-00781.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00781
      INDEX CODE:  110.00
      COUNSEL:  NONE
      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  16 JULY 2007

________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded to honorable.

________________________________________________________________

APPLICANT CONTENDS THAT:

He submits no contentions; however, in support of his request he  submits  a
letter (w/ atch) from his wife, an unsigned statement  from  his  nephew,  a
character reference letter from his church home, an unsigned statement  from
a long time friend, and a copy of his separation document (DD 214).

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

________________________________________________________________

STATEMENT OF FACTS:

The National Personnel Records  Center  (NPRC)  was  unable  to  locate  the
applicant’s  records.   The  following  information   was   extracted   from
information submitted by the applicant.

The applicant was discharged from the Regular Air Force on 17 November  1961
in the grade of airman basic (E-1).  He served 6  years,  2  months  and  17
days on active duty service.

A similar request was considered and denied  by  the  Board  on  13 December
1989.  Subsequently, on 12 September 1997, the Board reconsidered and  again
denied his  request.   The  applicant  again  requested  reconsideration  in
August 2001; however,  at  that  time  the  case  file  became  inexplicably
unavailable and action on his case was suspended.

On 30 January 2006, the applicant was provided with a  new  application  (DD
Form 149) and governing instructions.   He  was  invited  to  submit  a  new
application and furnish post-service information.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an  investigative  report  pertaining  to  the  applicant
(Identification Record No. 678787E), which is at Exhibit D.

On 5 July 2006, a copy of the FBI report was  forwarded  to  the  applicant.
To this date, no response has been received on  any  of  the  aforementioned
correspondence

This correspondence is at Exhibit D.

________________________________________________________________

AIR FORCE EVALUATION:

Due to the non-availability of the applicant’s records, the  Air  Force  has
not prepared an evaluation.

________________________________________________________________

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.  The  applicant’s  discharge  case  file
was not available for review.  Based on the limited  documentation  provided
by the applicant, his  discharge  appears  to  be  in  compliance  with  the
governing regulation and we find no  evidence  to  indicate  his  separation
from the Air Force was inappropriate.  Although the applicant  has  provided
some documentation concerning his  post-service  activities,  we  find  this
information insufficient to warrant an  upgrade  of  his  discharge  on  the
basis of clemency.  In addition, the  contents  of  the  FBI  Identification
Record also mitigates against an upgrade on the basis of clemency.
________________________________________________________________

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 AFBCMR Docket Number  BC-2006-
00781 in Executive Session on 10 August 2006, under the  provisions  of  AFI
36-2603:

                 Mr. Christopher D. Carey, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:


     Exhibit A.  DD Form 149, undated.
     Exhibit B.  Applicant's Separation Document (DD 214).
     Exhibit C.  Letter, AFBCMR, dated 30 Jan 06.
     Exhibit D.  FBI Report.




                                   CHRISTOPHER D. CAREY
                                   Panel Chair

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