RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02255
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
_________________________________________________________________
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 26 July 1954, the applicant enlisted in the
Regular Air Force.
On 21 March 1956, the applicant was discharged in the grade of airman third
class under the provisions AFR 39-22 - Civil Court Conviction. He served 1
year, 7 months, and 26 days of total active duty service with 133 days of
lost time.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided a report which is at Exhibit C.
On 30 September 2004, the Board staff requested the applicant provide post-
service documentation within 14 days (Exhibit D).
On 12 October 2004, the applicant was provided the opportunity to respond
to the FBI investigation within 14 days (Exhibit E).
The applicant provided post-service documentation which is at Exhibit F.
_________________________________________________________________
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, while the current
FBI is clean, previous FBI reflects misconduct subsequent to his discharge.
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 this application in Executive
Session on 8 December 2004, under the provisions of AFI 36-2603:
Ms. Martha J. Evans, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Michael J. Novel, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2004-02255 was considered:
Exhibit A. DD Form 149, dated 18 August 2004, w/atchs.
Exhibit B. Available Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 30 September 2004, w/atch.
Exhibit E. Letter, AFBCMR, dated 12 October 2004, w/atch.
Exhibit F. Letters, Character References,
dated 5 October 2004.
MARTHA J. EVANS
Panel Chair
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