RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00282
INDEX CODE: 110.02
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was performing satisfactorily in the Air Force and had no problems until
he went Absent Without Leave (AWOL). He went AWOL to assist his parents in
dealing with a serious financial situation. It wasn’t a smart move;
however, he didn’t know what else he could do at that time. He is sorry
for his mistake and wishes to have his discharge upgraded.
In support of his application, the applicant provides a personal statement.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s records were destroyed in the 1973 fire at the National
Personnel Records Center. An attempt to reconstruct his record from
documents not affected by the fire, resulted in producing only a separation
order indicating the applicant was discharged in the grade of airman basic
effective 7 August 1956 under the provisions of AFR 39-17 (Unfitness) and
issued an DD Form 258AF (Undesirable Discharge Certificate). The applicant
indicated on a General Services Administration Form 7160A, Questionnaire
About Military Service, that on 14 September 1953, he enlisted in the
Regular Air Force at the age of 17. The applicant’s separation order
indicates he was relieved from active duty on 7 August 1956, in the grade
of airman basic, with an Under Other Than Honorable Conditions (UOTHC)
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 at Exhibit C. A copy of the FBI report was
forwarded to the applicant on 24 May 2004 for review and comment (Exhibit
D). On 20 April 2004, the applicant was given the opportunity to submit
comments about his post service activities (Exhibit E). As of this date,
this office has received no response.
_________________________________________________________________
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. We find no evidence of error in
this case and after thoroughly reviewing the documentation that has been
submitted in support of applicant's appeal, we do not believe he has
suffered from an injustice. Additionally, in the absence of evidence by
the applicant attesting to a successful post-service adjustment in the
years since his separation, we are not inclined to extend clemency in this
case. 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 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 1 July 2004, under the provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-00282:
Exhibit A. DD Form 149, dated 22 Jan 04, with attachment.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report Number 750747CA5, dtd 22 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 24 May 04.
Exhibit E. Letter, SAF/MRBR, dated 20 Apr 04.
JOHN L. ROBUCK
Panel Chair
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