RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-00282
INDEX CODE:  110.02
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

	XXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His undesirable discharge be upgraded to general.

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APPLICANT CONTENDS THAT:

He was performing satisfactorily in the Air Force and had no problems until he went Absent Without Leave (AWOL).  He went AWOL to assist his parents in dealing with a serious financial situation.  It wasn’t a smart move; however, he didn’t know what else he could do at that time.  He is sorry for his mistake and wishes to have his discharge upgraded.  

In support of his application, the applicant provides a personal statement.  The applicant’s complete submission is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s records were destroyed in the 1973 fire at the National Personnel Records Center.  An attempt to reconstruct his record from documents not affected by the fire, resulted in producing only a separation order indicating the applicant was discharged in the grade of airman basic effective 7 August 1956 under the provisions of AFR 39-17 (Unfitness) and issued an DD Form 258AF (Undesirable Discharge Certificate).  The applicant indicated on a General Services Administration Form 7160A, Questionnaire About Military Service, that on 14 September 1953, he enlisted in the Regular Air Force at the age of 17.  The applicant’s separation order indicates he was relieved from active duty on 7 August 1956, in the grade of airman basic, with an Under Other Than Honorable Conditions (UOTHC) discharge.   

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, WV, provided a copy of an Investigation Report pertaining to the applicant, which is at Exhibit C.  A copy of the FBI report was forwarded to the applicant on 24 May 2004 for review and comment (Exhibit D).  On 20 April 2004, the applicant was given the opportunity to submit comments about his post service activities (Exhibit E).  As of this date, this office has received no response.

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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 an 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.  We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe he has suffered from an injustice.  Additionally, in the absence of evidence by the applicant attesting to a successful post-service adjustment in the years since his separation, we are not inclined to extend clemency in this case.  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 this application in Executive Session on 1 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00282:

	Exhibit A.  DD Form 149, dated 22 Jan 04, with attachment.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Report Number XXXXX, dtd 22 Apr 04. 
	Exhibit D.  Letter, SAF/MRBR, dated 24 May 04.
	Exhibit E.  Letter, SAF/MRBR, dated 20 Apr 04.

									Panel Chair