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AF | BCMR | CY2008 | BC-2007-02936
Original file (BC-2007-02936.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02936
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her deceased  husband’s  discharge  be  changed  from  undesirable  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her husband was too young at the time to accept discipline.  She notes
all the decedent’s records are gone.

In support of her appeal, the applicant has  provided  copies  of  the
decedent’s death certificate and his DD Form 214, Report of Separation
from the Armed Forces of the United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

Decedent enlisted in the Regular Air Force on 8 September  1952.   His
DD Form 214 indicates he was demoted to  the  grade  of  airman  basic
effective and with a date of rank of 27 April 1954.  He served  for  1
year, 11 months, and 20 days - 78 days of which were  considered  lost
time.  He was discharged with an undesirable discharge on 15  November
1954.

An FBI report was provided that shows one charge occurring in  August,
1958.  He received a sentence of two years probation (Exhibit B).

_________________________________________________________________

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.    Based upon the presumption of regularity  in  the  conduct  of
governmental affairs and with virtually no evidence to the contrary,
we must assume that  the  decedents  discharge  was  proper  and  in
compliance with appropriate directives.  The decedents DD  Form  214
was provided, and however sparse, the information  included  therein
does  appear  to  indicate  that   responsible   officials   applied
appropriate standards in effecting the separation at the  time.   We
conclude therefore, that the discharge proceedings were  proper  and
the  characterization  of  the  discharge  was  appropriate  to  the
existing circumstances.

4.    We also find insufficient evidence to warrant a recommendation
that the discharge  be  upgraded  on  the  basis  of  clemency.   No
evidence of any kind was  presented  relating  to  any  post-service
activities and deeds the decedent may have  accomplished  after  his
discharge and prior to his death.  Based on the evidence of  record,
we cannot conclude that clemency is warranted.   The  applicant  has
not provided sufficient information of the  post-service  activities
of her deceased spouse and his accomplishments for  us  to  conclude
that the decedent overcame the behavioral traits which  led  to  his
discharge.  Should the applicant provide statements  from  community
leaders and acquaintances attesting to her  deceased  husbands  good
character and reputation and  other  evidence  of  successful  post-
service rehabilitation, this Board will reconsider this  case  based
on the new evidence.  Therefore, based on the evidence presented, we
do not recommend approval.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2007-02936  in  Executive  Session  on  3  January  2008,  under   the
provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Teri G. Spoutz, Member
      Mr. Joseph D. Yount, Member








The following documentary evidence was considered pertaining to AFBCMR
Docket Number BC-2007-02936.

    Exhibit A. DD Form 149, dated 3 September 2007, w/atchs.
    Exhibit B. FBI Report, dated 19 October 2007.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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