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AF | BCMR | CY2008 | BC-2007-03848
Original file (BC-2007-03848.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-03848
                                             INDEX CODE:  106.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  under  honorable  conditions  (general)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not want the discharge and told them so at the time;  however,  there
seemed to be an effort to discharge people  because  the  Cuban  Crisis  was
over and the base was being deluged with senior  airmen  from  other  bases.
When  this  happened,  he  was  not  informed  that  he  could  submit  this
application.

He recently talked to someone  who  was  discharged  on  the  same  day  and
advised him as to the process to have his status changed.  Once he was  made
aware of this, it took him some time to find his DD Form 214.

In support of his appeal, he has provided a copy of his DD Form 214.

Applicant’s complete submission, with attachment, 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   the   applicant's
separation cannot  be  verified.   Data  extracted  from  his  DD  Form  214
reflects  he  was  discharged  on  29 January  1961,  and  issued  an  under
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).

On 25 January 2008, the applicant was  requested  to  provide  documentation
concerning  his  post-service  activities.   His  complete  response  is  at
Exhibit E.

_________________________________________________________________

APPLICANT'S RESPONSE TO REQUEST FOR POST-SERVICE INFORMATION:

He remembers getting into trouble for not reporting  to  pay-call.   He  had
been TDY to Wurtsmith AFB and had money.  He and two other members left  the
area, got drunk, were caught, and he was subsequently demoted.  He was  then
involved in an automobile accident and  was  two-hours  late  reporting  for
duty due to being detained by the police.  A general officer was  conducting
an inspection, and the base commander was irritated at him as he caused  him
to have a bad mark on his clean slate.  He feels he did his job,  was  proud
to be in the Air Force, and to this day regrets his actions.

After being discharged, he graduated from  high  school  and  then  attended
night college courses for two years.  He worked at the Empire  Mine  for  31
years, starting as a laborer and retiring as  senior  coordinator.   He  has
four children, to include two sons who served in the Air  Force.   He  is  a
long-time member of the Elks, American Legion, and Knights of Columbus.   He
has had three heart operations in the last five years  and  now  has  Celiac
Disease.  His memory is no longer good and he is trying to get his  life  in
order.

The applicant’s complete response is at Exhibit E

_________________________________________________________________

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 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  such  evidence,  we  would  be  willing  to
reconsider his appeal.
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-2007-03848
in Executive Session on 21 February 2008, under the provisions  of  AFI  36-
2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Lea Gallogly, Member
                       Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Nov 07, w/atch.
    Exhibit B.  NPRC MPR Search Request, dated 16 Jun 04, w/atchs.
    Exhibit C.  US DOJ Negative FBI Report, dated 16 Jan 08.
    Exhibit D.  Letter, AFBCMR, dated 25 Jan 08, w/atch.
    Exhibit E.  Letter, Applicant, undated.




                                             WAYNE R. GRACIE
                                             Panel Chair

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