RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00981
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 SEP 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed by the adjutant lieutenant that his discharge would change
to honorable or desirable six months subsequent his discharge.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were totally 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 on 2 October 1947,
the applicant enlisted in the Regular Air Force.
On 7 March 1952, he was discharged with service characterized as under
other than honorable conditions (UOTHC) in the grade of private.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an Investigative Report, which is at
Exhibit B.
On 21 April 2005, the Board staff requested the applicant provide post-
service documentation and requested he provide copies of any
documents/records that would assist the Board in rendering a decision on
his appeal within 20 days (Exhibit C). As of this date, the applicant has
not responded.
On 10 May 2005, the Board staff provided the applicant the opportunity to
respond to the FBI report within 20 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. Notwithstanding the above, we note the applicant did not
provide any information pertaining to his activities since leaving the
service. If he were to submit post-service documentation, we would be
inclined to reconsider his appeal as a matter of clemency.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified 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 AFBCMR Docket Number 2005-
00981 in Executive Session on 28 June 2005, under the provisions of AFI 36-
2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Albert C. Ellett, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 March 2005, w/atchs.
Exhibit B. FBI Report.
Exhibit C. Letter, AFBCMR, dated 21 April 2005, w/atch.
Exhibit D. Letter, AFBCMR, dated 10 May 2005, w/atch.
CATHLYNN B. SPARKS
Panel Chair
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