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AF | BCMR | CY2006 | BC-2006-02197
Original file (BC-2006-02197.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-02197
            INDEX CODE:  107.00
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  24 JANUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her husband's discharge be upgraded to honorable.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Her husband's discharge was changed to honorable in a letter from  President
Nixon.

In support of her request, applicant provides a copy of the former  member's
death certificate.

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

_________________________________________________________________

STATEMENT OF FACTS:

It appears the fire in 1973 at the National Personnel Records Center  (NPRC)
destroyed the former member's military personnel  records.   Therefore,  the
facts surrounding his Air Force military service cannot be verified.

On 10 August 2006, the Review Boards Office advised the  applicant  that  no
correspondence exists that the former member ever applied  for  clemency  or
was granted a Presidential Pardon.  The applicant was also asked to  furnish
information she  may  have  in  her  personal  files  regarding  the  former
member's separation from the Air Force.  The applicant did not respond.

_________________________________________________________________

AIR FORCE EVALUATION:

NO AIR STAFF ADVISORY.

_________________________________________________________________


APPLICANT'S RESPONSE:

No additional information provided.

_________________________________________________________________

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.   After  careful  consideration  of  the
applicant’s request and the available evidence of record, we  have  seen  no
evidence indicating that the former  member  was  improperly  discharged  or
that an upgrade  of  his  service  characterization  based  on  clemency  is
warranted.  The Board noted that the former member's records were burned  in
the NPRC fire.  Consequently, due to the limited evidence provided,  in  our
estimation, is not of a sufficient  quality  and  quantity  to  warrant  the
approval of the requested relief.  Accordingly, the applicant’s  request  is
not favorably considered.

_________________________________________________________________

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-2006-02197
in Executive Session on 24 October 2006, under the  provisions  of  AFI  36-
2603:

            Mr. Jay H. Jordan, Panel Chair
            Ms. Josephine L. Davis, Member
            Mr. Alan A. Blomgren, Member

The following documentary evidence pertaining to Docket Number BC-2006-
02197 was considered:

    Exhibit A.  DD Form 149, dated 19 Jun 06, w/atch.




                                   JAY H. JORDAN
                                   Panel Chair

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