RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01826
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
Applicant requests that his discharge be upgraded to honorable.
Applicant's submission is at Exhibit A. 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 application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
After careful consideration of applicant’s request, we note that there
are no records available for review and applicant has not provided
documentation revealing the circumstances of his discharge.
Therefore, we have no records upon which to determine whether or not
applicant’s separation was appropriate. However, 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 appropriate directives.
Therefore, we find no basis upon which to favorably consider this
application.
Accordingly, applicant's request is denied.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and
application was filed.
Members of the Board Mr. Vaughn E. Schlunz, Mr. Roscoe Hinton, Jr. and
Mr. Philip Sheuerman considered this application on 7 February
2001, in accordance with the provisions of Air Force Regulation 31-3,
and the governing statute, 10, U.S.C. 1552.
VAUGHN E. SCHLUNZ
Panel Chair
Exhibits:
A. Applicant's DD Form 149
After careful consideration of applicant’s request, we note that there are no records available for review and applicant has not provided documentation revealing the circumstances of his discharge. The Board staff is directed to inform applicant of this decision. VAUGHN E. SCHLUNZ Panel Chair Exhibits: A.
Therefore, the facts surrounding his separation from the Air Force cannot be verified. After careful consideration of applicant’s request, we note that there are limited records available for review and applicant has not provided documentation revealing the circumstances of his discharge. The Board staff is directed to inform applicant of this decision.
The Air Force Discharge Review Board (AFDRB) upgraded the applicant’s discharge to general on 12 September 1978. The AFDRB brief was forwarded to applicant for review and response (Exhibit D). The facts and opinions stated in the AFDRB brief appear to be based on the evidence of record and their basis for not upgrading the discharge to honorable has not been rebutted by applicant.
The appropriate Air Force offices evaluated applicant's request and provided advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant for review and response (Exhibit D). Applicant should also be informed that this decision is final and will only be reconsidered upon the presentation of new relevant evidence which was not reasonably available at the time the application was filed.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant should also be informed that this decision is final and will only be reconsidered upon the presentation of new relevant evidence which was not reasonably available at the time the application was filed.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant should also be informed that this decision is final and will only be reconsidered upon the presentation of new relevant evidence which was not reasonably available at the time the application was filed.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). Applicant should also be informed that this decision is final and will only be reconsidered upon the presentation of new relevant evidence which was not reasonably available at the time the application was filed.
The appropriate Air Force office evaluated applicant's request and provided an advisory opinion to the Board recommending the application be denied (Exhibit C). The advisory opinion was forwarded to the applicant for review and response (Exhibit D). After careful consideration of applicant's request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action.
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to the applicant for review and response (Exhibit D). The facts and opinions stated in the advisory opinions appear to be based on the evidence of record and have not been adequately rebutted by applicant.
The appropriate Air Force offices evaluated applicant's request and provided advisory opinions to the Board recommending the application be denied (Exhibit C). The advisory opinions were forwarded to counsel and the applicant for review and response (Exhibit D). If applicant submits documentation at a later time, we will reconsider his case at that time.