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AF | BCMR | CY2007 | BC-2007-00819
Original file (BC-2007-00819.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00819
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  16 September 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He wishes to die with a good discharge.

In support of his appeal, he has provided a  copy  of  his  DD  Form  258AF,
Undesirable Discharge Certificate, dated 3 January 1957.

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

_________________________________________________________________

STATEMENT OF FACTS:

The National Personnel Records Center advises  that  no  Military  Personnel
Record is available under the  name,  social  security  number,  or  service
number provided.  Therefore, the facts surrounding his separation cannot  be
verified.  Data extracted from his  DD  Form  258AF,  Undesirable  Discharge
Certificate, reflects that he was discharged on 3 January 1957,  and  issued
an undesirable discharge.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated that on the basis  of  the  data  furnished,  they
were unable to locate an arrest record (Exhibit C).

_________________________________________________________________

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 probable 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 based  on  clemency.   However,  applicant
has  failed  to  provide  documentation  pertaining  to  his  post   service
activities.  Should he provide documentary evidence pertaining to  his  post
service activities we would be willing to reconsider  his  appeal.   In  the
absence of such evidence, favorable action is not  recommended.   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 probable 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-2007-00819
in Executive Session on 24 July 2007, under the provisions of AFI 36-2603:

                       Ms. Patricia J. Zarodkiewicz, Vice Chair
                       Mr. Jeffery R. Shelton, Member
                       Ms. Dee R. Reardon, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Mar 2007, w/atch.
    Exhibit B.  NARA/ARC Registry eMilrecs extract,  dated  16  Mar
07.
    Exhibit C.  Exhibit C.  Letter, US DOJ FBI, dated 18 Jun 07.




                                                  PATRICIA       J.
ZARODKIEWICZ
                                             Vice Chair

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