RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01488
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires his discharge to be upgraded.
In support of his appeal, the applicant provided a copy of his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) and
other documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were destroyed by fire in 1973 at
the National Personnel Record Center (NPRC) in St. Louis, Missouri.
Therefore, the facts surrounding his separation from the Air Force cannot
be verified. The following information was obtained from his DD Form 214.
Applicant enlisted in the Regular Air Force on 9 July 1956 in the grade of
airman basic for a period of four years.
On 7 February 1958, the applicant was discharged in the grade of airman
basic with service characterized as general (under honorable conditions),
under the provisions of AFR 39-16 (Inaptitude or Unsuitability). He served
a total of 1 year, 6 months and 29 days of active service.
On 2 and 29 May 2003, SAF/MRBR advised the applicant that his military
personnel records were destroyed in the 1973 fire at the NPRC and requested
he provide them copies of any documents/records that he may have in his
possession and any other information that would assist the Board in
rendering a positive decision in his request within 30 days. He never
responded (Exhibit E).
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated that they were unable to identify with arrest
record on basis of information furnished. (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS deferred their recommendation to the AFBCMR. They indicated
that other than the applicant’s DD Form 214 there is nothing available to
determine the factors leading to the discharge or the discharge process.
The separation code on his DD Form 214 is “363” (inaptitude of
unsuitability).
The evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 11 July 2003, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days. As of this date, no
response has been received by this office.
On 4 August 2003, the Board staff requested the applicant provide post-
service documentation within 14 days. As of this date, no response has
been received by this office (Exhibit F).
_________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case. 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 with respect to his request. The applicant’s personnel records
appear to have been destroyed by fire and we do not know the circumstances
surrounding his separation. In the absence of these circumstances we
cannot determine whether or not he would have received the same type of
discharge under current standards. We also find insufficient evidence to
warrant a recommendation that the discharge be upgraded on the basis of
clemency. Applicant has not provided information of his post-service
activities and accomplishments. Should the applicant provide statements
from community leaders and acquaintances attesting to his good character
and reputation and other evidence of successful post-service activities,
this Board would be willing to review this information for possible
reconsideration of this case. However, based on the presumption of
regularity in the conduct of government affairs and without evidence to the
contrary, we must assume the applicant was afforded all rights to which
entitled, that appropriate regulations were followed, or appropriate
standards were applied. Therefore, in the absence of evidence to the
contrary, 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 an 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-2003-
01488 in Executive Session on 4 September 2003 under the provisions of AFI
36-2603:
Ms. Patricia D. Vestal, Panel Chair
Ms. Nancy Wells Drury, Member
Mr. Robert H. Altman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 January 2003, w/atchs.
Exhibit B. Available Applicant's Master Personnel Records.
Exhibit C. FBI Report - Negative.
Exhibit D. Letter, AFPC/DPPRS, dated 1 July 2003.
Exhibit E. Letter, SAF/MRBR, dated 11 July 2003, w/atchs.
Exhibit F. Letter, AFBCMR, dated 4 August 2003, w/atch.
PATRICIA D. VESTAL
Panel Chair
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