ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-02680
INDEX NUMBER: 110.02
COUNSEL: NONE
HEARING DESIRED: YES
___________________________________________________________________
APPLICANT REQUESTS THAT:
His 14 September 1957 undesirable discharge be upgraded to honorable.
___________________________________________________________________
RESUME OF CASE:
A similar appeal was considered and denied by the AFBCMR on 23 March
1999 (Exhibits A through C).
In support of his request for reconsideration, the applicant provided
three letters of character reference for the Board’s review (Exhibit
D).
___________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records were destroyed by fire in
1973. Therefore, the facts surrounding his separation from the Air
Force cannot be verified. The only available document pertaining to
his military service is an NA Form 13038, Certification of Military
Service, which reflects he was a member of the US Air Force from 14
February 1956 to 14 February 1957, and that his service terminated
with an undesirable 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 attached at Exhibit E.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
As the Board noted in its initial review of this case, the facts
surrounding the applicant’s discharge are unknown. Therefore, based
on 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 the governing
directives. We have noted the letters of character reference provided
in the applicant’s behalf. However, in view of the very limited
documentation pertaining to the discharge action, as well as the
contents of the FBI Investigation Report (Exhibit E), we are not
persuaded that an upgrade of his discharge to honorable is warranted
on the basis of clemency. In view of the foregoing, we therefore
conclude that no basis exists to change our previous decision to deny
the applicant’s request.
___________________________________________________________________
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 20 July 1999, under the provisions of AFI 36-
2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Ms. Olga M. Crerar, Member
Ms. Dorothy P. Loeb, Member
The following additional documentary evidence was considered:
Exhibit D. Three Letters of Character Reference.
Exhibit E. FBI Investigation Report.
PATRICIA J. ZARODKIEWICZ
Panel Chair
On 20 July 1999, the Board considered the additional documentation provided by the applicant, as well as an FBI report, and found no basis to overturn its earlier determination denying the applicant’s request. By letter, dated 2 November 1999, the applicant requested reconsideration of his appeal and submitted a Certificate of Pardon, issued on 23 April 1991, for the Board’s consideration (Exhibit F). PATRICIA J. ZARODKIEWICZ Panel Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE...
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