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AF | BCMR | CY2006 | BC-2006-03171
Original file (BC-2006-03171.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03171
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 April 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was inequitable because it was  based  on  one  isolated
incident in 29 months of service with no  other  adverse  action.   He
states this is the only black mark of his life and he  would  like  to
get it taken care of if he can.

Applicant did not provide any documentation in support of the appeal.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military records were lost or destroyed and efforts at
reconstruction have been unsuccessful.  The following information  was
extracted from the applicant’s separation documents.

Applicant is a former member of the Regular Air Force  who  served  on
active duty from 29 January 1957 to 17 July 1959.  He served 2 years 5
months and 19 days on active duty.  His separation document states his
service was terminated by an Under  Other  Than  Honorable  Conditions
Discharge, in the grade of airman third class.

Per phone call on 17 Nov 06,  the  Federal  Bureau  of  Investigation,
Clarksburg,  West  Virginia,  indicated  on  the  basis  of  the  data
furnished they were unable to locate an arrest record.

_________________________________________________________________

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  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 AFBCMR Docket Number BC-
2006-03171 in  Executive  Session  on  30  November  2006,  under  the
provisions of AFI 36-2603:

            Mr. Wayne R. Gracie, Panel Chair
            Ms. LeLoy W. Cottrell, Member
            Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 9 Oct 06, w/atch.
      Exhibit B. Applicant's Master Personnel Records.




                             WAYNE R. GRACIE
                             Panel Chair

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