RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00261
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was young and was having financial problems and hanging with the wrong crowd.  

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by fire in 1973.  Therefore, the facts surrounding his separation cannot be verified.  Data extracted from his reconstructed records reflects that he enlisted in the Regular Force on 14 October 1956, was discharged on 7 July 1960, and issued an under other than honorable conditions (UOTHC) discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Washington, D.C., provided an investigative report which is attached at Exhibit C.

On 19 April 2004, the Board staff requested the applicant provide information regarding his post service activities.  As of this date, no response has been received by this office (Exhibit D).

On 30 April 2004, the Board staff provided the applicant a copy of the FBI report for his review and comments.  The applicant did not respond.

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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.  The only other basis upon which to upgrade his discharge would be based on clemency.  The applicant was requested to provide documentation of his post service activities.  He did not respond.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2004-00261 in Executive Session on 15 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jan 04.
    Exhibit B.  Applicant's Reconstructed Personnel Records.
    Exhibit C.  FBI Report.
    Exhibit D.  Letter, AFBCMR, dated 19 Apr 04, w/atch.
    Exhibit E.  Letter, AFBCMR, dated 30 Apr 04, w/atch.

								
								Panel Chair