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AF | BCMR | CY2007 | BC-2007-02065
Original file (BC-2007-02065.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02065
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  29 December 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

APPLICANT CONTENDS THAT:

Many years have passed since his discharge from the Air  Force  and  he  has
become a productive citizen of society.  He has been happily  married  to  a
Christian woman for 19 years, and together they have six children  and  many
grand children and great-grand children.

The Lord called him into the gospel  in  1967  and  he  became  an  ordained
minister that same year.   He  has  been  pastoring  for  40 years,  and  is
presently vice-moderator in the Mt. Calvary  District  in  his  home  church
district.

He was a member of the Masonic Lodge for many years.  After working  in  the
coal mines for over 30 years, he retired and now devotes most  of  his  time
to his ministry, mentoring and guiding the youth in the church.  He and  his
wife are playing an active role in getting the church remodeled, and  he  is
asked to preach revivals at  some  surrounding  churches.   These  are  very
rewarding as he has brought many souls to Christ.

He is now 72 years old and has had many years to reflect back  on  his  life
and the mistakes he made in his youth.  He  realizes  that  the  choices  we
make in life, whether right or wrong, will come back to reward or haunt  us.
 He has truly repented for that one moment of bad judgment, and  has  wished
a million times that he could re-live that moment as he would not  make  the
same mistake twice.

He is proud to say he  has  a  loving  and  devoted  wife,  family  members,
children, and church family and minister friends in the gospel  who  support
him 100%.  He is not only making this  request  for  himself,  but  for  his
family and children as well, which he believes is vital in  being  a  leader
and role model.

In support of his appeal,  he  has  furnished  copies  of  a  DD  Form  293,
Application for the Review of Discharge or Dismissal From the  Armed  Forces
of the United States, dated 8 June  2007,  an  undated  statement  from  his
wife, a Certificate of Ordination, dated 29 October 1967, a  Certificate  of
Appreciation, dated 14 Apr 1996, a Certificate  of  Appreciation,  dated  24
June 2005, and his DD Form 214, dated 21 December 1956.

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

_________________________________________________________________

STATEMENT OF FACTS:

The National Personnel Records Center advises that the applicant's  military
personnel records  were  apparently  destroyed  by  fire  in  1973,  and  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  214,  Armed
Forces of the United States Report of Transfer or Discharge,  reflects  that
he was discharged on 21 December  1956,  and  issued  an  under  other  than
honorable conditions 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  sufficient  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-2007-02065
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 19 Jun 07, w/atchs.
    Exhibit B.  DD Form 214, dated 21 Dec 56.
    Exhibit C.  FBI Response, dated 3 Jul 07.




                                             WAYNE R. GRACIE
                                             Panel Chair

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