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AF | BCMR | CY2007 | BC-2007-01466
Original file (BC-2007-01466.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01466
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  7 November 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His mother was not notified he was in trouble  and  therefore  not  able  to
come to his defense.  She would have been able to petition  her  Congressman
to inquire, which might have gotten his attention.  He did not hurt  anyone,
did not steal anything, and was not insubordinate.

When he was a young man (17), he was encouraged  and  taught  how  to  drink
during Military Basic Training, and he did not think anyone cared about  the
consequences (his Drill Instructor said it would make him tough).

The drinking was not forced  upon  him.   He  drank  until  he  was  out  of
control, and was disturbing the peace a lot during his off- duty time.

Until he got sober, he was not aware that an application for  correction  of
military records was available to him.

In support of his appeal, he has provided a copy of a  memorandum  from  the
National Personnel Records Center, dated 16 January 2006, SO A-685, dated  1
December 1958, and his NA  Form  13038,  Certificate  of  Military  Service,
dated 13 January 2006.

Applicant’s complete submission, with attachments, 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 NA Form 13038,  Certificate  of  Military
Service, reflects that he was discharged on 24 November 1958, and  issued  a
UOTHC 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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-2007-01466
in Executive Session on 2 August 2007, under the provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Janet I. Hassan, Member
                       Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 May 07, w/atchs.
    Exhibit B.  NA Form 13038, dated 13 Jan 06.
    Exhibit C.  FBI Response, dated 18 Jun 07.




                                             WAYNE R. GRACIE
                                             Panel Chair

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