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AF | BCMR | CY2007 | BC-2006-03384
Original file (BC-2006-03384.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-03384
            INDEX CODE: 110.00
      XXXXXXX                     COUNSEL:  NONE

                                   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 5 MAY 2008

______________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he was discharged for petty, insignificant  loitering  and  for
tampering with canteen equipment. He states no significant damage  occurred
to the property but he was taken to court and then discharged.

In support of his request,  he  submits  a  personal  letter,  a  power  of
attorney, DD Form 214, Armed Forces of the United States Report of Transfer
or Discharge, NGB Form 22, Report of Separation and Record  of  Service  in
the Air National Guard of the United States and the Air National  Guard  of
South Carolina and medical records/information.

His complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 December 1955. On 3  April
1957, he received an undesirable discharge for receiving a conviction in  a
civilian court.  He served 1 year, 10 months and 17 days of active duty.

Pursuant to the Board’s  request,  the  Federal  Bureau  of  Investigation,
Washington, DC., provided an investigation report
Pertaining to the applicant.  A copy of the  report  was  provided  to  the
applicant for review and response within 30  days.   As  of  this  date  no
response has been received. (Exhibit C).

By letter, dated 29 January 2007,  it  was  requested  that  the  applicant
provide evidence pertaining to his post-service activities.  The  applicant
provided a personal statement and character references.

His complete response, with attachments, is at Exhibit D.

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by  existing  law  or
regulations.

2.  The application was nottimely 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.   We  also   find   insufficient   evidence   to   warrant   a
recommendation that the discharge be upgraded on the basis of clemency.  We
have considered the applicant's overall  quality  of  service,  the  events
which precipitated the discharge and available evidence related to his post-
service activities and accomplishments.  We do not believe that clemency is
warranted at this time.

________________________________________________________________

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  BC-2006-03384  in  Executive
Session on 8 March 2007, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Teri G. Spoutz, Member
                       Ms. Renee M. Collier, Member



The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Nov 06, w/atchs.
    Exhibit B.  FBI Report, dated 26 Jan 07
      Exhibit C.  Letter, SAF/AFBCMR, dated 29 Jan 07.
      Exhibit D.  Letter, Applicant, dated 26 Feb 07, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office Of The Assistant Secretary

AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002

XXXXXXX
XXXXXXX
XXXXXXX

XXXXXXX

      Reference your application, AFBCMR BC-2006-03384 submitted under the
provisions of AFI 36-2603 (Section 1552, 10 USC).

      After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of material error or injustice.  Accordingly, the Board
denied your application.

      You have the right to submit newly discovered relevant evidence for
consideration by the Board.  In the absence of such additional evidence, a
further review of your application is not possible.

      BY DIRECTION OF THE CHAIR





                                                       GREGORY E.
JOHNSON
                                                             Chief
Examiner
                                                 Air Force Board
for Correction
                                                       of Military
Records

Attachment:
Record of Board Proceedings



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