RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01918
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 DEC 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has suffered long enough and requests the Board consider him for
clemency.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on 30
April 1956, for a term of 4 years. On 10 January 1958, he was discharged
from the Air Force under the provisions of AFR 39-17, Discharge of Airmen
Because of Unfitness, with an undesirable discharge. He served a total of
1 year, 8 months and 11 days of active duty service.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 28 July 2006, that on the basis of the data
furnished they were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS defers to the Board to determine if the applicant should be
granted relief based on limited supporting documentation in the master
personnel records. DPPRS states they are unable to determine the propriety
of the discharge based on the lack of documentation in the master personnel
records. The
applicant did not submit any evidence or identify any error or injustices
that occurred in the discharge processing.
The DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 28
July 2006, for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 statements from community leaders and acquaintances attesting to
his good character and reputation and other evidence of successful post-
service rehabilitation, we would be willing to reconsider his application
based on new evidence. 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 Docket Number BC-2006-01918
in Executive Session on 19 September 2006, under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Elwood C. Lewis, Member
Ms. LeLoy W. Cottrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Jun 06.
Exhibit B. Applicant's Available Personnel Records.
Exhibit C. FBI Request, dated 21 Jul 06.
Exhibit D. Letter, AFPC/DPPRS, dated 13 Jul 06.
Exhibit E. Letter, SAF/MRBR, dated 28 Jul 06.
KATHLEEN F. GRAHAM
Panel Chair
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