RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00835
INDEX CODE: 110.02
XXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 SEP 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was immature and made a mistake, but after 40 years of marriage and 35
years of working with the same company has turned his life around.
In support of his request, applicant provided a personal statement and six
character reference letters.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by fire in 1973.
Therefore, the facts surrounding his military service or separation cannot
be verified.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on April 2005, that on the basis of the data
furnished they were unable to locate an arrest record. (See Exhibit C)
_________________________________________________________________
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. 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 clemency. However, documentation provided
by the applicant in support of his appeal is over 13 years old. Should he
provide more recent documentary evidence pertaining to his post service
activities we would be willing to reconsider his appeal. Evidence the
Board would consider might include educational accomplishments, employment
history, information about his family, contributions to his community, and
character references. 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 this application 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 15 Jun 04.
Exhibit B. Letter, SAF/MRBR, dated 7 Apr 05.
Exhibit C. FBI Response, dated 15 Apr 05.
JOHN B. HENNESSEY
Panel Chair
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