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AF | BCMR | CY2007 | BC-2006-03681
Original file (BC-2006-03681.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03681
            INDEX CODE:  110.00

            COUNSEL:  DAV

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 JUN 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  undesirable  discharge  be  upgraded  to  a  general  (under  honorable
conditions) discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded.  He is an active member  of  his  church,
involved in civic activities, a literacy volunteer, and a mason.

In support of his request, the applicant provided a personal  statement  and
a document extracted from his military personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by  fire  in  1973  at
the  National  Personnel  Record  Center  (NPRC).   Therefore,   the   facts
surrounding his separation from the Air Force cannot be verified.

Available records reflect that the applicant entered active duty on  20  May
1955 and  was discharged on 10 October 1955, in the grade of  airman  basic,
with  an  undesirable  discharge,  under  the  provisions   of   AFR   39-22
(Conviction by Civil-Court).  He served 1 year and 13 days  on  active  duty
with 118 days lost time.




Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.

On 27 December 2006, the Board staff requested the applicant  provide  post-
service documentation within 14 days (Exhibit D).   The  applicant  provided
documentation which is at Exhibit E.

On 8 January 2007, a copy of the FBI Report of Investigation  was  forwarded
to the applicant for review and response within 14 days (Exhibit F).  As  of
this date, no response has been received by this office.

_________________________________________________________________

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  an  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.  Although the applicant  did  not
specifically request consideration based on clemency, we  find  insufficient
evidence to warrant a recommendation that the discharge be upgraded on  that
basis.  In this  respect,  we  note  the  applicant’s  continued  misconduct
following his discharge, as indicated on the FBI report.  Therefore, in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2006-
03681 in Executive Session on 8 February 2007, under the provisions  of  AFI
36-2603:

                 Ms. Kathy L. Boockholdt, Panel Chair
                 Ms. Teri G. Spoutz, Member
                 Mr. Charlie E. Williams Jr., Member


The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 Nov 06, w/atchs.
   Exhibit B.  Applicant's Available Master Personnel Records.
   Exhibit C.  FBI Report of Investigation.
   Exhibit D.  Letter, SAF/MRBC, dated 27 Dec 06.
   Exhibit E.  Letter, Counsel, dated 4 and 8 Jan 07, w/atchs.
   Exhibit F.  Letter, SAF/MRBC, dated 8 Jan 07.




                 KATHY L. BOOCKHOLDT
                 Panel Chair



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