RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03088
		INDEX CODE: 110.00
		COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

His dishonorable discharge be expunged from his records.

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APPLICANT CONTENDS THAT:

He received a dishonorable discharge from the United States Air Force 50 years ago.  Considering the amount of time that has passed, he would like to have the discharge expunged from his record. 

In support of his request, the applicant provided documentation associated with his request for a congressional inquiry.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

It appears the applicant’s military personnel records were destroyed by fire in 1973 at the National Personnel Records Center, St. Louis, MO.  Therefore, the facts surrounding his separation cannot be verified.

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

On 17 September 2008, a request for information pertaining to his post-service activities was forwarded to the applicant for response within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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.  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 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-2008-03088 in Executive Session on 11 December 2008, under the provisions of AFI 36-2603:

			XXXXXXXXXX, Panel Chair
			XXXXXXXXXX, Member
XXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 17 July 2008, w/atchs. 
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  FBI Negative Reply, dated 9 September 2008.

                                   XXXXXXXXXX
                                   Panel Chair