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AF | BCMR | CY2007 | BC-2006-02400
Original file (BC-2006-02400.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02400
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 February 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His DD Form 214 be corrected to reflect the name,  R---,  F---  D.
instead of R---, F--- L---.

2.  His under other than honorable conditions (undesirable)  discharge
be upgraded to  under  honorable  conditions  (general)  discharge  or
honorable.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The incorrect information got in his records when he enlisted into the
Air Force.  He feels his military records and  discharge  should  show
correct name information and upgraded discharge.

In support of the appeal, applicant submits a  personal  statement,  a
copy of his DD Form 214, a  copy  of  his  social  security  card  and
drivers license, a copy of  an  affidavit,  and  other  documents  not
pertaining to his discharge.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s  master  personnel  record  (MPR)  appears  to  have  been
destroyed by the 1973 fire at the National  Personnel  Records  Center
(NPRC) in St. Louis.  However, the following facts have been  obtained
using available records.

Applicant enlisted in the Regular Air Force on 16 January 1956, in the
grade  of  airman  basic  for  a  period  of  four  years.    He   was
progressively promoted to the grade of  airman  third  class.   Orders
dated 10 October 1956 indicate he was reduced to the grade  of  airman
basic due to disciplinary punishment effective 9 October 1956.  He was
separated from the Air Force on 12 July 1957 under the  provisions  of
AFR 39-21, Disposition of Persons Who Fraudulently Enlist in  the  Air
Force (fraudulent enlistment – concealment of prior service), with  an
under other than honorable conditions (undesirable) discharge.   Since
his enlistment was considered fraudulent, his total active service was
noncreditable.  His DD Form 214, Armed Forces  of  the  United  States
Report of Transfer or Discharge, indicates he had five months and  six
days of prior active service.

On 23 October  2006  and  28  November  2006,  SAF/MRBR  informed  the
applicant that his records had been destroyed by a 1973  fire  at  the
National Personnel Records Center (NPRC),  St.  Louis,  Missouri,  and
requested his assistance to reconstruct missing documents,  facts  and
circumstances associated with his discharge.

Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on the basis of  the  data  furnished  they
were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states they are unable to determine the  propriety  of  the
discharge based on the lack of documentation in his  master  personnel
records.  His assistance was requested, however, he did not submit any
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing; therefore, no corrective action will be taken to
change applicant’s name on the DD Form  214,  based  on  the  fact  he
fraudulently enlisted into the Air Force using the name “R---, F--- L--
-“ and served under that name from 16 January 1956 to 12 July 1957.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5
January 2007 for review and comment within 30 days.  As of this  date,
this office has received no response.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
basis to recommend granting the relief sought in 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 15 February 2007, under the provisions of AFI 36-
2603:

                       Mr. James W. Russsell III, Panel Chair
                       Ms. Dee R. Reardon, Member
                       Mr. Jeffrey R. Shelton, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 3 Aug 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFPC/DPPRS, dated 15 Dec 06.
      Exhibit E. Letter, SAF/MRBR, dated 5 Jan 07.




                             JAMES W. RUSSELL III
                             Panel Chair


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