RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00166 

 INDEX CODE: 110.02 

 XXXXXXXXXXXXXXXXX COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His general (under honorable conditions) discharge be upgraded to 
an honorable discharge. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was denied Department of Veterans Affairs (DVA) education 
benefits because his discharge was characterized as general 
(under honorable conditions). He would like his discharge 
upgraded so he can receive education benefits. 

 

In support of his appeal, the applicant provides a personal 
letter and copies of his DD Forms 214, Report of Separation from 
the Armed Forces of the United States. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 9 October 1947 and was promoted to the 
grade of airman second class effective 11 December 1953. He was 
discharged effective 17 May 1955 with a general (under honorable 
conditions) discharge after serving 7 years, 6 months, and 
13 days on active duty. 

 

In response to the applicant’s request for records, a National 
Personnel Records Center (NPRC) letter, dated 25 August 2004, 
indicates the applicant’s military service records may have been 
destroyed in the 12 July 1973 fire; therefore, the requested 
records were not available. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 


Investigation Report. On 21 July 2010, the applicant was given 
an opportunity to submit comments about his post service 

activities and the FBI Report (Exhibit C). As of this date, this 
office has received no response. 

 

_________________________________________________________________ 

 

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. Furthermore, we do not find clemency is 
appropriate in this case since the applicant has not provided any 
evidence concerning his post-service activities. 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-2010-00166 in Executive Session on 21 September 2010, 
under the provisions of AFI 36-2603: 

 

 XXXXXXXXXXXXXXXXXX, Panel Chair 

 XXXXXXXXXXXXXXXXXX, Member 

 XXXXXXXXXXXXXXXXXX, Member 

 


The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2010-00166: 

 

 Exhibit A. DD Form 149, dated 9 Jan 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report #209344D, dated 1 Jul 10. 

 Exhibit D. Letter, AFBCMR, dated 21 Jul 10, w/atch. 

 

 

 

 

XXXXXXXXXXXXXXXXXX 

Panel Chair