RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-
00165
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 17 July 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was told that if he took an “early out,” he would receive an
honorable discharge.
He would like to join the American Legion as a “Legioneer.”
He would like to receive a VA home loan.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
All attempts to obtain applicant’s military personnel records have
been unsuccessful. It appears his records were destroyed in the
fire at St. Louis in 1973. Therefore, the facts surrounding his
separation cannot be verified.
Data extracted from his reconstructed records reflects that he
enlisted in the Regular Air Force on 7 Sep 55, was discharged on
13 Nov 57, and issued an undesirable discharge.
Pursuant to the request of the Board on 13 Apr 06, the Federal
Bureau of Investigation, Clarksburg, WV, indicated on 17 Apr 06,
that, on the basis of data furnished, they are unable to locate an
arrest record (Exhibit C).
___________________________________________________________________
AIR FORCE EVALUATION:
EXAMINER’S NOTE: Due to applicant’s military personnel records
being missing or destroyed, the Air Force office of primary
responsibility was unable to provide an advisory opinion addressing
the discharge action.
On 24 Feb 06, the AFBCMR staff offered the applicant an opportunity
to provide additional documentation pertaining to his service in
the Air Force and the facts surrounding his discharge. To date, no
response has been received by this office. (Exhibit D)
On 24 Apr 06, the AFBCMR offered the applicant an opportunity to
provide information pertaining to his activities since leaving the
service. The applicant responded with a personal letter indicating
that since his release from the military he spends approximately 70
hours a week volunteering at an American Legion post in Indiana.
(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. Upon thoroughly
reviewing the limited evidence of record and noting the applicant’s
complete submission, it appears the applicant’s military records
were destroyed by fire; thus the Board could not review the
circumstances surrounding his separation. Based on the presumption
of regularity in the conduct of governmental affairs, however, the
Board assumed that the discharge was proper and in compliance with
appropriate directives. Therefore, in the absence of evidence to
the contrary, we find no compelling basis to recommend granting the
relief sought in 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 Docket Number BC-2006-
00165 in Executive Session on 8 June 2006, under the provisions of
AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Todd L. Schafer, Member
Mr. John B. Hennessey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jan 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, SAF/MRBR, dated 24 Feb 06.
Exhibit E. Letter, AFBCMR, dated 24 Apr 06.
Exhibit F. Letter, Applicant, 5 May 06.
WAYNE R. GRACIE
Panel Chair
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