RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02042
INDEX CODE: 66.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 Jan 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable and his rank be
restored to airman third class with all benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
As an Air Force journalist, he discovered a money laundering situation
on base and soon afterwards he was discharged. Under the
“Whistleblower” law now, this would be unjust.
In support of his appeal, the applicant provided personal statements,
extracts of his military personnel records, and supportive statements.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records were 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.
Applicant’s available records indicate the applicant enlisted in the
Air Force on 31 Mar 55 for a period of four years in the grade of
airman basic.
On 24 May 56, the applicant was discharged under the provisions of AFR
39-16 (Unsuitability) in the grade of airman basic and furnished a
general (under honorable conditions) discharge. He was credited with
1 year, 1 month, and 24 days of active service.
Pursuant to the Board staff’s request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
investigative report which is attached at Exhibit C.
By letter, dated 26 Aug 05, the applicant provided additional
documentary evidence for the Board’s consideration, which is attached
at Exhibit E.
By letter, undated, the applicant provided additional documentary
evidence for the Board’s consideration, which is attached at Exhibit
G.
By letter, dated 3 Nov 05, the applicant provided a response to the
FBI report, which is attached at Exhibit H.
By letter, dated 22 Nov 05, applicant’s senator (retired) provided a
statement on his behalf, which is attached at Exhibit I.
_________________________________________________________________
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 warranting corrective action. The
evidence of record reveals the applicant was given a general discharge
for unsuitability in the grade of airman basic. There is no
indication in the evidence provided that the applicant’s discharge was
improper or contrary to the provisions of the discharge directive
under which it was effected. Furthermore, because of insufficient
documentation concerning his activities since leaving the service, we
are not inclined to recommend upgrading his discharge based on
clemency at this time. Based upon the presumption of regularity in
the conduct of governmental affairs and without evidence to the
contrary, we also must assume the applicant was discharged in the
appropriate grade. The applicant’s comments regarding the
“Whistleblower” issue was noted. However, in view of his lack of
specificity, and the fact the Whistleblower legislation was not in
effect during the period of the alleged reprisal, we find no
compelling basis to address his contention at this late and untimely
date. In view of the foregoing, and in the absence of sufficient
evidence to the contrary, the applicant’s requests that his general
discharge be upgraded to honorable and his rank be restored to airman
third class will all benefits are not favorably considered.
_________________________________________________________________
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-
2005-02042 in Executive Session on 3 Nov 05 and 27 Dec 05, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sue A. Lumpkins, Member
Mr. James L. Sommer, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 12 Aug 05.
Exhibit E. Letter, applicant, dated 26 Aug 05, w/atchs.
Exhibit F. Letter, AFBCMR, dated 4 Oct 05.
Exhibit G. Letter, applicant, undated, w/atch.
Exhibit H. Letter, applicant, dated 3 Nov 05.
Exhibit I. Letter, in applicant’s behalf, dated 22 Nov 05.
RICHARD A. PETERSON
Panel Chair
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