RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02322
COUNSEL: No
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was convicted of auto theft when he was totally unaware that the
car he was riding in had been stolen. He did not know that his friend
had stolen the auto in Champaign Illinois until he was arrested. He
rode to La Crosse Wisconsin with a soldier “friend” with the idea that
the friend was selling the auto to one of his relatives. He was not
given any counsel surrounding the matter of the case. The case was
presented without his knowledge.
In support of his appeal, he has provided a copy of a letter from
Senator Fitzgerald and from Deputy Chief, Congressional Inquiry
Division, Office of Legislative Liaison.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were unavailable. All that is
available is a copy of his DD Form 214, indicating he was given a
discharge for a conviction by Civil Court for a serious offense under
AR 615-360 on 12 December 1942. Therefore, the facts surrounding his
service and separation from the Air Force cannot be verified. The
only available documentation is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
The Air Force was not able to evaluate this application due to
nonavailability of personnel records.
_________________________________________________________________
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. 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. 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 a 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 Docket Number BC-2003-
02322 on 14 October 2003 under the provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chairman
Mr. Robert H. Altman, Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Apr 03, w/atchs.
Exhibit B. Available Personnel Records.
JOHN L. ROBUCK
Panel Chair
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