RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02986
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to general under honorable
conditions.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been a good citizen and has not been in trouble since his discharge.
He has never been arrested for drunk driving. He attends extra curricular
school activities for his sons and also for his four grandchildren. He is
involved with his community and has run for city council. For the past two
years, he has been working part-time as a security guard and is regarded as
being reliable. He is very sorry for his actions while in the Air Force.
He would like to tell his children and grandchildren that he was not a bad
person, but was a little headstrong when he was growing up. He regrets his
actions deeply and has learned by his mistakes.
In support of his appeal, applicant submits a personal statement and a copy
of his DD Form 214. Applicant’s submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s records were lost or destroyed and efforts at
reconstruction have been, for the most part, unsuccessful. The following
is the only known information pertaining to the applicant's service and was
extracted from the document provided by the applicant.
The applicant enlisted in the Regular Air Force on 17 September 1951 for a
period of four years. On 4 March 1955, he was discharged under the
provisions of AFR 39-17, for unfitness and received an undesirable
discharge. He was credited with 2 years, 8 months and 10 days of
continental service and 11 months and 21 days of foreign service. He had
281 days of lost time.
Pursuant to the Board’s request, the FBI provided a copy of an
Investigative Report, No. 871235B, which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
Due to the applicant’s records being lost or destroyed, an Air Force
evaluation could not be rendered.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 8 January 2004, a letter was forwarded to applicant suggesting that he
consider providing evidence pertaining to his post-service activities. As
of this date, this office has received no response (see Exhibit C).
On 13 January 2004, a copy of the FBI report was forwarded to the applicant
for review and comment. As of this date, this office has received no
response (see Exhibit D).
_________________________________________________________________
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 error or injustice. It appears that under the given
circumstances at that time, responsible officials applied appropriate
standards in effecting his discharge action. Applicant’s contentions were
duly noted. However, based on the short period of time he served on active
duty, the excessive amount of time lost to the government and the limited
evidence provided, approval of the requested relief is not warranted. In
addition, an FBI record provided information pertaining to the applicant
indicating recent involvement with law enforcement authorities. In view of
this fact and in the absence of more expansive evidence by the applicant
attesting to a successful post-service adjustment in the years after his
last involvement with civil law enforcement authorities, we are not
inclined to extend clemency in this case.
_________________________________________________________________
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 12 February 2004, under the provisions of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Ms. Barbara R. Murray, Member
Mr. David C. Van Gasbeck, Member
The following documentary evidence for AFBCMR Docket Number 02-02005 was
considered:
Exhibit A. DD Form 149, dated 28 Aug 03, w/atchs.
Exhibit B. FBI Report, dated 5 Jan 04.
Exhibit C. Letter, AFBCMR, dated 8 Jan 04.
Exhibit D. Letter, AFBCMR, dated 13 Jan 04.
BRENDA L. ROMINE
Panel Chair
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