RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02333
INDEX CODE 106.00
COUNSEL: VFW
XXXXXXX HEARING DESIRED: Not Indicated
MANDATORY COMPLETION DATE: 30 JANUARY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to a general (under
honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
All he can think of is he was introduced to alcohol at a very early
age. When he joined the Air Force, he was around alcohol quite often.
He was the kind of person who couldn’t control his drinking. Every
time he started to drink, he ended up in trouble. He does not blame
anyone but himself for his troubles. It was all because of him and
alcohol.
But he would like to add that the Lord Jesus came into his life about
30 years ago, and with His mercy and grace, He helped him to overcome
his weakness. He has a little age on him now; however, if the Board
could help him, he would like to have his records clean when he stands
before the Lord.
In support of his application, applicant provides a copy of DD Form
214, DD Form 293, McMinn County Sheriff’s Department Records, a letter
from XXXXXXX Police Department, letters of support, a personal letter,
VA Form 21-22 and a letter from his congressman.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military records were destroyed in the 1973 fire at
the National Personnel Records Center at St. Louis, Mo.
Available records indicate the applicant entered active duty 8 May
1951 and was discharged with a bad conduct discharge on 10
September 1953 in the grade of airman basic.
A special count-martial convicted the applicant for disobeying a
lawful order and attempting to remove 37 packages of tax-free
cigarettes from the limits of Clark Air Force Base. He was sentenced
to a bad conduct discharge, forfeiture of $20.00 per month for four
months and confinement at hard labor for four months. The Staff Judge
Advocate reviewed the record of trial and recommended the sentence be
approved. The sentence was affirmed by Special Court-Martial Order
Number 23, dated 30 July 1953.
The applicant was separated from the Air Force 10 September 1953 under
the provisions of AFR 39-18, Enlisted Personnel Dishonorable or Bad
Conduct Discharge and Special Court-Martial Order Number 23, with a
bad conduct discharge. He had served on active duty for a period of 1
year, 9 months, and 28 days.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached
at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial and stated that based upon the
documentation on file in the available personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The discharge was within
the discretion of the discharge authority. Applicant did not submit
any evidence or identify any errors or injustices that occurred in the
discharge processing. He provided no facts warranting a change to his
character of service.
AFPC/DPPRS’s complete evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 9 September 2005, for review and comment within 30 days.
As of this date, no response has been received by this office.
On 12 October 2005, the Board staff forwarded a copy of the FBI report
to the applicant for review and response. However, letter was
returned because of unknown address (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 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. However, should
the applicant provide additional documentary evidence pertaining to
his post service activities, we would be willing to reconsider his
appeal. 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 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-
2005-02333 in Executive Session on 8 November 2005, under the
provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Alan A. Blomgren, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Aug 05, w/atch.
Exhibit B. Available Personnel Records.
Exhibit C. FBI Report, dated 20 Sep 05
Exhibit D. Letter, AFPC/DPPRS, dated 7 Sep 05.
Exhibit E. Letter, SAF/MRBR, dated 9 Sep 05.
Exhibit F. Letter, AFBCMR, dated 12 Oct 05.
KATHLEEN F. GRAHAM
Panel Chair
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