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AF | BCMR | CY2007 | BC-2007-01233
Original file (BC-2007-01233.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01233
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  20 October 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be  upgraded  to
a General Discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reason he was given an Article 15 was a bounced check issued to the  NCO
Club in the amount of $2.00, which he made good.  He was  a  staff  sergeant
(E-5) at the time and was demoted to the grade of airman first  class  (E-3)
as a result of the Article 15. He was advised that the Article 15 would  not
be in his records upon completion of his duty.

When he was demoted, he spoke with the Judge Advocate’s office  and  advised
them he was unable to support his family, and he  lost  his  home.   He  was
granted a Veterans Administration (VA) home loan in 1965,  and  believes  he
has paid his dues with his NSF check as his financial records are  in  great
standing.

He was an aircraft mechanic, was injured twice while  on  active  duty,  and
received minimum coverage.  The first injury was three broken  toes  when  a
fire bottle fell on his foot while he was on the flight line, and  his  foot
was wrapped and he was sent on his way.  He believes that as the years  have
passed, he is in need of getting his foot checked due to this  injury.   The
second injury was a jaw broken  in  three  places  when  he  fell  across  a
railing within the dock area where the aircraft engines dock  over  the  pit
areas.  His medical treatment consisted of having  his  jaw  wired  for  six
weeks, and no further treatment is needed at this time.

He desires the ability to use VA medical treatment as he is at the age  that
he has been in need of medical treatment.  When he applied  for  VA  medical
benefits, he discovered his DD Form 214 stated UOTHC, and believes  this  to
be incorrect.

In support of his appeal, he has provided copies of  a  personal  statement,
dated 17 April 2007, an NA Form 13038, Certification  of  Military  Service,
dated 13 February  2007,  and  a  memorandum  from  the  National  Personnel
Records Center, dated 15 February 2007.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant's military personnel  records  were  apparently  destroyed  by
fire 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 27 October 1954, was discharged  on  27
January 1960, and was issued a UOTHC discharge.

Pursuant  to  the  Board's   second   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  as  his  limited  reconstructed
personnel records contain no documentation as to the  circumstances  leading
to his discharge.  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-2007-01233
in Executive Session on 15 August 2007, under  the  provisions  of  AFI  36-
2603:

                       Mr. Michael J. Novel, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Reginald P. Howard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 Apr 2007, w/atchs.
     Exhibit  B.   Applicant's  Reconstructed  Military   Personnel
Records.
    Exhibit C.  Negative FBI Reply, dated 18 Jun 07.




                                             MICHAEL J. NOVEL
                                             Panel Chair

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