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AF | BCMR | CY2006 | bc-06-00297
Original file (bc-06-00297.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00297
            INDEX CODE:  110.02
      xxxxxxxxxxx      COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  16 JAN 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  general  (under  honorable  conditions)  discharge  be  changed  to  an
honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was young and immature at the time and asks for clemency.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military  personnel  records  were  destroyed  by  fire  at  the
National Personnel Records Center in 1973.  His available  records  show  he
enlisted in the Regular Air  Force  on  29  April  1954  and  was  honorably
discharged on 14 August 1956.  He reenlisted in the Regular Air Force on  15
August 1956 and on 11 April  1960  was  discharged  with  a  general  (Under
Honorable conditions) on 11 April 1060.

_________________________________________________________________

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  the  applicant's  discharge  was  proper  and  in
compliance  with  appropriate  directives.   Furthermore,   based   on   the
available evidence of record  and  since  the  applicant  has  not  provided
information of his post-service activities and  accomplishments,  we  cannot
conclude  that  clemency  is  warranted.   Should  the   applicant   provide
statements from community leaders and acquaintances attesting  to  his  good
character and reputation  and  other  evidence  of  successful  post-service
rehabilitation, this Board will  reconsider  this  case  based  on  the  new
evidence.  We cannot, however,  recommend  approval  based  on  the  current
evidence of record.  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  Docket  Number  BC-2006-00297
in Executive Session on 16 November 2006, under the provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. James A. Wolffe, Member
                       Mr. James L. Sommer, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Feb 06.
    Exhibit B.  Applicant's Reconstructed Master Personnel
                Records.




                                   THOMAS S. MARKIEWICZ
                                   Chair


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