RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03163
INDEX CODE: 110.02
XXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 APR 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was wrongfully accused and convicted of a crime and only spent 10
minutes with legal counsel prior to his court-martial. He believes his
discharged was upgraded to honorable in the 1960s after his congressman
intervened on his behalf.
In support of his request, applicant provided a personal statement and DD
Form 293, Application for the Review of discharge or dismissal from the
Armed Forces of the United States.
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 separation cannot be verified. Data
extracted from his reconstructed records reflects that he enlisted in the
Regular Force on 27 August 1954, for a term of 4 years. He was discharged
under the provisions of AFR 39-18, and special court-martial #55 on 30
August 1958, and issued a BCD.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 13 Dec 2005, that, on the basis of data
furnished, they are unable to locate an arrest record.
_________________________________________________________________
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, 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 this application in Executive
Session on 5 January 2006, under the provisions of AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Joseph D. Yount, Member
Mr. Charles e. Bennett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Oct 05.
Exhibit B. Applicant's Reconstructed Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 25 Oct 05.
Exhibit D. FBI Response, dated 19 Dec 05.
JOHN B. HENNESSEY
Panel Chair
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