RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00682
XXXXXXX COUNSEL: NO
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 29 AUG 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His other than honorable discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He feels like in the 46 years since his discharge, he has become an
honorable citizen. He has been awarded the Republican Presidential
Legion of Merit Award. He has since learned to be a model citizen. He
prays the Board would do him honor in upgrading his discharge.
In support of his appeal, his submitted DD Form 293, Application for
the Review of Discharge or Dismissal From the Armed Forces of the
United States.
Applicant’s complete submission, with attachment is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available records indicate the applicant entered active duty 2
August 1956 and was discharged with an other than honorable discharge
on 21 July 1959 in the grade of airman basic.
The remaining applicant’s military personnel records were destroyed by
fire in 1973. Therefore, the facts surrounding his service in the Air
Force cannot be verified.
Pursuant to the Board's request for information, the Federal Bureau of
Information (FBI) indicated that, on the basis of the information
provided, they were unable to locate an arrest record pertaining to
the applicant (see Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
The Air Force was not able to evaluate this application due to
nonavailability of personnel records.
_________________________________________________________________
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, applicant has failed to provide documentation pertaining to
his post service activities. Should he provide documentary evidence
pertaining to his post service activities we would be willing to
reconsider his appeal. In the absence of such evidence, favorable
action is not recommended. Therefore, based on the available evidence
of record, we find no basis upon which to favorably consider this
application.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2005-00682 in Executive Session on 4 May 2005, under the provisions of
AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Joseph D. Yount, Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 05.
Exhibit B. Applicant's Reconstructed Personnel Records.
Exhibit C. FBI Report, dated 24 Mar 05.
JOHN B. HENNESSEY
Panel Chair
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