RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01037
COUNSEL: No
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for taking a friend’s car without permission and being
held for 10 days by civilian law enforcement. He was never allowed a
formal hearing or legal counseling, however, an officer came to the jail
with discharge papers told him to sign them and he was never allowed to
return to base.
In support of his request, he submits copies of Letters of Appreciation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his service and separation from the Air
Force cannot be verified.
Based on available documentation, he was discharged on 9 February 1953 with
an undesirable discharge.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an investigative report which is
attached at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
The Air Force was not able to evaluate this application due to
nonavailability personnel records.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A FBI Report was forwarded to the applicant for review and response within
15 days.
_________________________________________________________________
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. The only other basis upon which
to upgrade his discharge would be based on clemency. However,
documentation pertaining to his post-service activities has not been
provided. Should he provide documentary evidence pertaining to his post-
service record, we would be willing to reconsider his appeal. In the
absence of such evidence, favorable action is not recommended.
_________________________________________________________________
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 Docket Number BC-2004-01037
in Executive Session on 3 June 2004, under the provisions of AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Ms. Renee M. Collier, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Mar 04.
Exhibit B. FBI Report, dated 28 Apr 04.
Exhibit C. Letter, SAF/MRBR dated 7 May 2007
GREGORY H. PETKOFF
Panel Chair
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