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AF | BCMR | CY2007 | BC-2006-02516
Original file (BC-2006-02516.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02516
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 February 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Bad Conduct Discharge be upgraded to a  general  (under  honorable
conditions) discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has come to realize over the years since his discharge that he  has
been  holding  the  wrong  persons  responsible  for  his  actions  or
reactions.

In support of the appeal, applicant submits  two  personal  statements
and a copy of his Certification of Military Service.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s master personnel record (MPR) appears to have been lost or
destroyed.  Based on the available documentation the  following  facts
are provided.

Applicant is a former member who served in the Regular Air Force  from
5 October 1954 to 23 May 1956.

On 23 May 1956, while serving in the grade of  airman  basic,  he  was
separated with a bad conduct discharge.   He  had  served  1  year,  7
months and 19 days.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Clarksburg, West Virginia, provided an investigative report  which  is
attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of  the  Federal  Bureau  of  Investigation  (FBI)  Report  was
forwarded to the applicant on 1 December 2006 for review  and  comment
within 14 days.  As of this date, this office has received no response
(Ex D).

_________________________________________________________________

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 17 January 2007, under the provisions of AFI  36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Wallace F. Beard Jr., Member






The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-02516 was considered:

      Exhibit A. DD Form 149, dated 5 Sep 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, AFBCMR, dated 1 Dec 06.




                             THOMAS S. MARKIEWICZ
                             Chair

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