RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03637
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
MANDATORY CASE COMPLETION DATE: 3 JUN 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received a general discharge because of lost time. He believes the
lost time was inappropriate because he was a sick man at the time and
was unable to comprehend. There was miscommunication between the
hospital and him. He was restricted to quarters, and since his
quarters were off base, he went home and was charged with being absent
without leave (AWOL). He was a young man and did not understand his
situation.
In support of his application, he submits a copy of his DD Form 214,
Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the regular Air Force on 14 September 1950
and was separated on 23 October 1953. He was credited with 4 years, 6
months and 16 days of service for pay (excludes 36 days of lost time).
The applicant's military personnel records were not available.
Therefore, the facts surrounding his separation cannot be verified.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 8 June 2006, that, on the basis of data
furnished, they are unable to locate an arrest record (Exhibit B).
_________________________________________________________________
AIR FORCE EVALUATION:
The applicant's military personnel records were not available.
Therefore, the case was forwarded without and advisory.
_________________________________________________________________
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. In addition,
the Board noted the applicant did not provide any information
pertaining to his activities since leaving the service. If he were to
submit additional post-service documentation, the Board may be willing
to reconsider his appeal as a matter of clemency. 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-
2005-03637 in Executive Session on 19 July 2006, under the provisions
of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Barbara R. Murray, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Nov 05, w/atch.
Exhibit B. FBI Report.
MICHAEL J. NOVEL
Panel Chair
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