RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01540
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires his discharge upgraded.
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). Therefore, the facts
surrounding his separation from the Air Force cannot be verified.
Available records indicate on 10 January 1958, the servicemember enlisted
in the Regular Air Force for a period of four years.
On 4 April 1958, the servicemember was discharged in the grade of airman
basic with a general (under honorable conditions) discharge, under the
provisions of AFR 39-16 (Unsuitability). He served 2 months and 25 days of
total active service.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided a report which is at Exhibit C.
On 2 August 2004, the Board staff requested the servicemember provide post-
service documentation within 14 days (Exhibit D).
On 16 August 2004, the servicemember was provided the opportunity to
respond to the FBI investigation within 14 days (Exhibit E). The
applicant’s spouse telephoned the BCMR staff and indicated the
servicemember was deceased and further indicated discrepancies within the
FBI investigation (race, eye color, hair color, and birth date).
On 30 September 2004, the Board staff requested a second FBI report due to
the applicant’s spouse contesting the information in the report. By
telephone, personnel at the FBI indicated the report provided is the only
report on file with that member’s name and place of birth. A further
investigation would require fingerprints.
On 20 October 2004, the Board staff requested the applicant’s spouse
provide documentation to verify the servicemember is deceased,
documentation pertaining to the circumstances of his discharge, information
related to his post-service activities and accomplishments and any
information to refute the information in the FBI report (Exhibit F).
The applicant’s spouse provided a response with attachments; however, she
did not provide a death certificate (Exhibit G).
The applicant’s spouse subsequently provided additional documentation, to
include a death certificate, which is at Exhibit H.
_________________________________________________________________
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 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.
4. Although the applicant did not specifically request consideration
based on clemency, we also find insufficient evidence to warrant a
recommendation that the discharge be upgraded on that basis. The
applicant’s spouse found discrepancies within the FBI report and appears to
have refuted these issues. Further, she has provided information regarding
the servicemember’s post-service activities and accomplishments. However,
due to the servicemember’s limited active duty service and the fact that it
cannot be determined the reason for his discharge, we are not persuaded an
upgrade is warranted. Should the servicemember’s spouse submit
documentation pertaining to his active duty service and the circumstances
of his discharge, we would be willing to review the request for possible
reconsideration. Therefore, based on the evidence of record, we cannot
conclude that clemency is warranted.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an injustice; the application was denied without a
personal appearance; and 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-2004-
01540 in Executive Session on 18 November and 9 December 2004, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Dorothy P. Loeb, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 May 2004, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 2 August 2004, w/atch.
Exhibit E. Letter, AFBCMR, dated 16 August 2004, w/atch.
Exhibit F. Letter, AFBCMR, dated 20 October 2004, w/atchs.
Exhibit G. Letter, Applicant’s Spouse, dated 23 October 2004,
w/atchs.
Exhibit H. Letter, Applicant’s Spouse, undated, w/atchs.
RICHARD A. PETERSON
Panel Chair
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