RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-01037
						
							COUNSEL: No 

							HEARING DESIRED: No

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was discharged for taking a friend’s car without permission and being held for 10 days by civilian law enforcement.  He was never allowed a formal hearing or legal counseling, however, an officer came to the jail with discharge papers told him to sign them and he was never allowed to return to base.

In support of his request, he submits copies of Letters of Appreciation.

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

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973.  Therefore, the facts surrounding his service and separation from the Air Force cannot be verified.  

Based on available documentation, he was discharged on 9 February 1953 with an undesirable discharge.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit B.

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AIR FORCE EVALUATION:

The Air Force was not able to evaluate this application due to nonavailability personnel records.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A FBI Report was forwarded to the applicant for review and response within 15 days.

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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.  The only other basis upon which to upgrade his discharge would be based on clemency.  However, documentation pertaining to his post-service activities has not been provided.  Should he provide documentary evidence pertaining to his post-service record, we would be willing to reconsider his appeal.  In the absence of such evidence, favorable action is not recommended.

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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.

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The following members of the Board considered Docket Number BC-2004-01037 in Executive Session on 3 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

     Exhibit A. DD Form 149, dated 22 Mar 04.
    	Exhibit B. FBI Report, dated 28 Apr 04.
	Exhibit C. Letter, SAF/MRBR dated 7 May 2007