RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02351
INDEX CODE 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1944 dishonorable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His punishment was too severe; he did not desert. He asserts he
received a Presidential pardon, which reduced his original 20-year
sentence to 30 months. He wants an honorable discharge so he can vote,
serve on a jury, own a gun and take his grandson hunting. In support,
he provides character references, the most recent of which was written
in 1984.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his military performance and
separation from the Air Force cannot be verified. The applicant has
provided no copies of his records.
_________________________________________________________________
AIR FORCE EVALUATION:
The Separations Branch, HQ AFPC/DPPRS, reviewed this appeal and states
that, because the applicant’s records were destroyed, no
recommendation can be made.
A complete copy of the evaluation is attached at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant 21 December 1998 for review and comment within 30 days. As
of this date, no response has been received by this office.
_________________________________________________________________
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 probable error or injustice. After carefully
considering the applicant’s submission, we are not persuaded that his
dishonorable discharge should be upgraded. Applicant’s contentions are
duly noted; however, other than his own assertions, he has provided no
evidence substantiating his claims. Further, we are unable to evaluate
the circumstances of this case since his records were destroyed by
fire in 1973. Therefore, based on the presumption of regularity in the
conduct of government affairs, and without evidence to the contrary,
we must assume that the applicant’s dishonorable discharge was proper
and in compliance with appropriate directives. Should the applicant
provide any copies he may have of his records, and include
documentation sustaining his allegations of a commander-reduced
sentence and a “Presidential Pardon” with a “commuted sentence,” this
Board would be willing to review the materials for possible
reconsideration. Otherwise, in view of the above and absent persuasive
evidence demonstrating the applicant suffered either an error or an
injustice, we find no compelling basis to recommend granting the
relief sought.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 15 April 1999 under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Gregory W. Den Herder, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Sep 98, w/atchs.
Exhibit B. Letter, HQ AFPC/DPPRS, dated 4 Dec 98.
Exhibit C. Letter, AFBCMR, dated 21 Dec 98.
RICHARD A. PETERSON
Panel Chair
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