RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00286
INDEX CODE: 110.02
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 AUGUST 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His father’s other than honorable discharge (undesirable) be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His father received an honorable discharge for the first four years of his
enlistment. He reenlisted and started having problems with his first
sergeant.
In support of the application, applicant provided a Certificate of Death,
DD Form 293, Application for the Review of Discharge or Dismissal from the
Armed Forces of the United States, personal letter from the former member’s
wife, Certification of Military Service, DD Form 214, and Letter from
National Personnel Records Center.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's father’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
prior to the period of service under review, the applicant’s father served
honorably in the Air Force on his initial enlistment from 1 November 1952
until 2 November 1956. On 27 October 1959, he was discharged under
the provisions of AFR 39-17 (Unfitness), and issued an other than
honorable discharge (undesirable).
_________________________________________________________________
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 father’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 father’s
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-2006-
00286 in Executive Session on 18 April 2006, under the provisions of AFI 36-
2603:
Mr. John B. Hennessey, Vice Chair
Ms. LeLoy W.Cottrell, Member
Ms. Cathlynn B. Sparks, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jan 06.
Exhibit B. Applicant's Father’s Reconstructed Personnel
Records.
JOHN B. HENNESSEY
Panel Chair
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