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AF | BCMR | CY2007 | BC-2006-03424
Original file (BC-2006-03424.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03424
            INDEX CODE:  110.02

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  6 MAY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

There was no error or  injustice.   He  never  got  in  trouble,  he  had  a
drinking problem.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

All attempts to obtain applicant’s  military  personnel  records  have  been
unsuccessful.  It appears his records were destroyed  in  the  fire  at  St.
Louis in 1973.  Therefore, the facts surrounding his  separation  cannot  be
verified.  Data extracted from his reconstructed records  reflects  that  he
enlisted in the Regular Air Force on 20 Sep 54, was  discharged  on  15  May
57, and issued an under honorable conditions (general) discharge.

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

_________________________________________________________________

AIR FORCE EVALUATION:

EXAMINER’S NOTE:   Due  to  applicant’s  military  personnel  records  being
missing or destroyed, the Air Force office  of  primary  responsibility  was
unable to provide an advisory opinion addressing the discharge action.

The AFBCMR Staff invited the applicant to  submit  post-service  information
and also provided him a copy of  the  FBI  report.   These  letters  are  at
Exhibits D and E.

Applicant states that his Commanding Officer said he had  eight/eight  balls
and he offered them a good discharge “General” because he  felt  that  in  a
matter of time, they would cause him a lot of trouble, so they took it.   He
never even had an Article 15.  After he got out of the Air Force, he  was  a
bricklayer, and then a car salesman.  He worked as  a  Mercedes  Benz  sales
manager for 21 years and is now retired.

The applicant’s response is at Exhibit F.

_________________________________________________________________

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.  The only other basis upon which  to
consider upgrade of his discharge would be clemency.  However,  in  view  of
the FBI Identification Record, we are not persuaded the characterization  of
the applicant’s discharge warrants  an  upgrade  to  honorable.   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-
03424 in Executive Session on 27 February 2007, under the provisions of AFI
36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Karen A. Holloman, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
03424 was considered:

    Exhibit A.  DD Form 149, dated 1 Nov 06, w/atch.
    Exhibit B.  Applicant's Reconstructed Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, AFBCMR, dated 24 Jan 07.
    Exhibit E.  Letter, AFBCMR, dated 2 Feb 07.
      Exhibit F.  Letter, Applicant, undated.




                                             KATHLEEN F. GRAHAM
                                             Panel Chair


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