RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00781
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 16 JULY 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He submits no contentions; however, in support of his request he submits a
letter (w/ atch) from his wife, an unsigned statement from his nephew, a
character reference letter from his church home, an unsigned statement from
a long time friend, and a copy of his separation document (DD 214).
The applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The National Personnel Records Center (NPRC) was unable to locate the
applicant’s records. The following information was extracted from
information submitted by the applicant.
The applicant was discharged from the Regular Air Force on 17 November 1961
in the grade of airman basic (E-1). He served 6 years, 2 months and 17
days on active duty service.
A similar request was considered and denied by the Board on 13 December
1989. Subsequently, on 12 September 1997, the Board reconsidered and again
denied his request. The applicant again requested reconsideration in
August 2001; however, at that time the case file became inexplicably
unavailable and action on his case was suspended.
On 30 January 2006, the applicant was provided with a new application (DD
Form 149) and governing instructions. He was invited to submit a new
application and furnish post-service information.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an investigative report pertaining to the applicant
(Identification Record No. 678787E), which is at Exhibit D.
On 5 July 2006, a copy of the FBI report was forwarded to the applicant.
To this date, no response has been received on any of the aforementioned
correspondence
This correspondence is at Exhibit D.
________________________________________________________________
AIR FORCE EVALUATION:
Due to the non-availability of the applicant’s records, the Air Force has
not prepared an evaluation.
________________________________________________________________
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. The applicant’s discharge case file
was not available for review. Based on the limited documentation provided
by the applicant, his discharge appears to be in compliance with the
governing regulation and we find no evidence to indicate his separation
from the Air Force was inappropriate. Although the applicant has provided
some documentation concerning his post-service activities, we find this
information insufficient to warrant an upgrade of his discharge on the
basis of clemency. In addition, the contents of the FBI Identification
Record also mitigates against an upgrade on the basis of clemency.
________________________________________________________________
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 AFBCMR Docket Number BC-2006-
00781 in Executive Session on 10 August 2006, under the provisions of AFI
36-2603:
Mr. Christopher D. Carey, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Cheryl V. Jacobson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated.
Exhibit B. Applicant's Separation Document (DD 214).
Exhibit C. Letter, AFBCMR, dated 30 Jan 06.
Exhibit D. FBI Report.
CHRISTOPHER D. CAREY
Panel Chair
AF | BCMR | CY2006 | BC-2006-01640
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The records also contain a letter from the Secretary of the Air Force Discharge Review Board (DRB) scheduling a review of his discharge on 17 Nov 59. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that, on 10 February 1959, he was discharged with service characterized as general (under honorable conditions). Exhibit B.
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RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00723 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 3 SEP 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to honorable. They found the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Exhibit B.
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Exhibit F. Letter, AFMPC/DPMARS2, dated 0 May 86. Exhibit J. Exhibit O.
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However, as of this date, this office has received no response. After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice. We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.
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