RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01795
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged with a general (under honorable conditions) discharge for
an event which took place off base.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by fire in 1973
at the National Personnel Record Center (NPRC) in St. Louis, Missouri;
therefore, the circumstances surrounding his separation from the Air Force
cannot be verified.
The available record provided by the applicant indicates he enlisted in the
Air Force on 2 October 1958 for a period of four years.
On 13 December 1960, the applicant was discharged with service
characterized as general (under honorable conditions) in the grade of
airman second class under the provisions of AFR 39-17 - Unfitness. He
served one year, nine months, and one day of total active service.
On 4 June 2004, SAF/MRBR advised the applicant of his records being totally
destroyed by fire in 1973 at the NPRC and requested he provide documents,
forms, and any records he may have in his possession.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an Investigative Report, which is at
Exhibit C.
On 12 August 2004, the Board staff requested the applicant provide post-
service documentation and provided him the opportunity to respond to the
FBI report within 14 days (Exhibit D). As of this date, the applicant has
not responded.
_________________________________________________________________
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 the discharge be upgraded on that basis. The letters
submitted in behalf of the applicant are noted; however, in the Board’s
opinion the applicant has not provided sufficient information concerning
his post-service activities and accomplishments to warrant a favorable
recommendation on the basis of clemency.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of an error or 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 this application in Executive
Session on 22 September 2004, under the provisions of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Martha J. Evans, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2004-01795 was considered:
Exhibit A. DD Form 149, dated 8 June 2004, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 13 August 2004.
ROBERT S. BOYD
Panel Chair
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