RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00645
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 AUG 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His general (under honorable conditions) discharge be upgraded to
honorable.
2. He be paid his travel pay and mustering out pay.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His commanding officer notified him of the early out program that he was
approved for on 2 Aug 1958. During the three weeks in which he was out
processing he received three Article 15 punishments. The first Article 15
was for sleeping on scope, the second was for being out of uniform, and the
third was for failing to report for duty. He was told he would receive an
honorable discharge and that he could protest the three Article 15 busts.
He was told the processing of his appeal would take a couple of weeks. He
was anxious to get home and was told his pay, travel pay, and mustering out
pay would be sent to him as well as his discharge papers and paperwork
necessary for the appeal process. He received nothing and knew nothing of
the type of discharge he received until 40 years later.
In support of his request, applicant provided a personal statement. His
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's military personnel records were destroyed by fire in 1973 at
the National Personnel Records Center, St. Louis MO. Therefore, the facts
and circumstances surrounding his separation from the Air Force cannot be
verified. Data extracted from the reconstructed records reflects that he
entered active duty on 22 Aug 55 and was discharged on 7 Nov 58 with
service characterized as general (under honorable conditions).
The Federal Bureau of Investigations has indicated that they were unable to
identify an arrest record pertaining to the applicant.
_________________________________________________________________
AIR FORCE EVALUATION:
DFAS-POCC/DE states his pay records are no longer available from 1958 to
verify whether or not or not he received travel pay or mustering our pay.
Therefore, denial of his request is recommended.
The DFAS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 11 Mar
05 for review and comment within 30 days. 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 error or injustice. His contentions are duly noted; however,
we do not find his uncorroborated assertions sufficiently persuasive to
warrant favorable consideration. 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. Therefore, based on the available
evidence of record, and due to the unavailability of financial records to
verify his contentions regarding his mustering out pay, we find no basis
upon which to recommend granting the relief sought in 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 AFBCMR Docket Number BC-2005-
00645 in Executive Session on 25 May 05, under the provisions of AFI 36-
2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Charles E. Bennett, Member
Mr. Michael J. Maglio, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Feb 05, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, DFAS-POCC/DE, dated 7 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 11 Mar 05.
Exhibit E. FBI Negative Response, dated 24 Mar 05.
JOSEPH G. DIAMOND
Panel Chair
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