RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02696
INDEX CODE: 110.00
XXXXXXX COUNSEL: NO
XXXXXXX HEARING DESIRED: NO INDICATED
MANDATORY CASE COMPLETION DATE: 28 FEBRUARY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Applicant makes no contentions.
In support of his application, applicant submitted a copy of DD Form
214, Armed Forces of the United States Report of Transfer Discharge
and 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
December 1958 and was discharged with a general (under honorable
conditions) discharge on 1 June 1961 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 B).
_________________________________________________________________
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 Docket Number BC-2005-
02696 in Executive Session on 13 October 2005, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Dorothy Loeb, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 July 2005.
Exhibit B. FBI Report, dated 20 Sept 05.
THOMAS S. MARKIEWICZ
Chair
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