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AF | BCMR | CY2007 | BC-2007-00987
Original file (BC-2007-00987.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00987
            INDEX CODE:  110.02
      XXXXXXXXXXX      COUNSEL:  None
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 9 DECEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  other  than  honorable  conditions  discharge  be  upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has maintained good work and family habits and has not  been  in  trouble
with the law.  He would like his  discharge  upgraded  for  his  family  and
grandchildren and would like to be eligible for Veteran Affairs benefits.

In support of his request, applicant provides a personal statement, copy  of
his DD Form 214 and character reference letters.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to the DD Form 214 submitted by the applicant, he enlisted in  the
Air Force on 9 April 1958 for a period of four years.   On  28  April  1961,
the applicant was discharged with a under other  than  honorable  conditions
discharge.  He served for a period of 2 years, 9 months, and  7  days.   The
applicant’s time lost was 104 days due to military  confinement  and  Absent
Without Leave.

No other military service records can be located; therefore,  an  Air  Force
advisory opinion was unable to  be  accomplished.   The  applicant  did  not
submit information surrounding his discharge.

Pursuant to the Board’s request, the Federal Bureau of  Investigation  (FBI)
provided a copy of an investigative  report  pertaining  to  the  applicant,
which is at Exhibit B.

On 3 July 2007, a copy of the FBI report was forwarded to the applicant  for
review and comment.  As of this date, this office has received no  response.


_________________________________________________________________

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.  We have noted  the  supportive  statements
submitted on  behalf  of  the  applicant  and  it  appears  he  has  been  a
productive member of society since his discharge.  However, based  upon  the
presumption of regularity in the conduct of governmental affairs and in  the
absence of evidence to the contrary, we must  assume  that  the  applicant's
discharge and the  characterization  of  his  service  were  proper  and  in
compliance with appropriate directives.  Therefore, based on  the  available
evidence of record, we find no  basis  upon  which  to  recommend  favorable
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-2007-00987
in Executive Session on 8 August 2007, under the provisions of AFI 36-2603:

                 Mr. James W. Russell, III, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. Clarence R. Anderegg, Member



The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00987 was considered:

      Exhibit A.  DD Form 149, dtd 5 Apr 07, w/atchs.
      Exhibit B.  FBI Investigative Report #171864E,
                  dtd 4 Jun 07.
      Exhibit C.  Letter, AFBCMR, dtd 3 Jul 07.




                             JAMES W. RUSSELL, III
                                             Panel Chair


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