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AF | BCMR | CY2007 | BC-2007-00103
Original file (BC-2007-00103.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00103
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 July 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

He just found out about the fire.

In support of the appeal,  applicant  submits  a  copy  of  his  birth
certificate, a copy of his discharge certificate, a copy of page 1  of
his DD Form 293, two copies of his Veteran Affairs card, and a copy of
his discharge certificate.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s records were destroyed by fire at the  National  Personnel
Records Center (NPRC), in St.  Louis,  MO;  therefore,  the  following
information  has  been  extracted  from  the  discharge   certificate,
provided by the applicant.

On 16 June 1958, while serving in the grade of airman third class,  he
was discharged from the Regular Air Force.

In a letter dated 12 January 2007,  SAF/MRBR  informed  the  applicant
that his records were totally destroyed in the fire of 1973.   He  was
also informed that they needed a copy of his DD Form  214,  Separation
Order, and  any  other  documents  he  may  have  in  his  possession.
However, he did not respond.

_________________________________________________________________


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 upgrade his discharge would be clemency.  However,
applicant has failed to provide documentation pertaining to his  post-
service activities.   Should  he  provide  statements  from  community
leaders  and  acquaintances  attesting  to  his  good  character   and
reputation   and   other   evidence   of    successful    post-service
rehabilitation, we would be  willing  to  reconsider  his  application
based on new evidence.  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  this  application  in
Executive Session on 22 February 2007, under the provisions of AFI 36-
2603:

                       Mr. James W. Russell III, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. Todd L. Schafer, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 21 Jan 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.



                             JAMES W. RUSSELL III
                             Panel Chair

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