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AF | BCMR | CY2011 | BC-2010-01589
Original file (BC-2010-01589.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-01589
            INDEX CODE:  110.02
      XXXXXXXXXX.      COUNSEL: NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States  Report  of  Transfer  or
Discharge, be corrected to reflect honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was issued a general (under  honorable  conditions)  discharge  upon  his
separation  from  the  Air  Force.   His  discharge  was  later  changed  to
honorable, but his DD Form 214 was never corrected.

The evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s official military personnel records were  destroyed  in  the
1973  fire  at  the  National  Personnel   Records   Center   (NPRC).    His
reconstructed records reflect that he enlisted in the Regular Air  Force  as
an airman basic on 16 Jul 56 for a term of four years.  On 3 Sep 57, he  was
separated, under the provisions of AFR 39-10, Discharge  for  Unsuitability.
He completed a total of 1 year, 1 month and 18 days of active service.

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV,  indicated  on  9  Aug  10,  that,  on  the  basis  of  data
furnished, they are unable to locate an arrest record.

_________________________________________________________________

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 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.  Further, we  note  that  while  the
applicant provides a copy of a DD Form 256 AF, Honorable Discharge, this  is
not  an  official  source  document.   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 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-2010-
01589 in Executive Session on 11 Jan 11, under the  provisions  of  AFI  36-
2603:

      Mr. XXXXXXXXXX, Panel Chair
      Ms. XXXXXXXXXX, Member
      Ms. XXXXXXXXXX, Member

The following documentary evidence was considered:

      Exhibit A. DD Forms 149, dated 20 Apr 10, 22 Jul 10, w/atchs.
      Exhibit B. Applicant's Reconstructed Master
                 Personnel Records.




      XXXXXXXXXXX
      Panel Chair

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