ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00626
                                             INDEX CODE:  106.00
      XXXXXXX                           COUNSEL:  NONE

                                             HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His 1958 discharge be upgraded to honorable.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records apparently  were  destroyed
by fire in 1973 at  the  National  Personnel  Records  Center  (NPRC).
Therefore, the facts surrounding his separation  cannot  be  verified.
Special Order No. S-1323, dated 18 Sep 58, reflects the applicant  was
assigned to the 5th Transportation Squadron at Travis AFB  CA  in  the
grade of airman third class and, on 18 Sep 58, discharged under-other-
than-honorable-conditions (UOTHC).  However, according to  a  National
Archives & Records Administration Form 13038,  dated  27 Oct  05,  the
applicant enlisted in the Air Force on 13 Jun 55,  was  discharged  in
the grade of airman third class on  18 Sep  58,  but  with  a  general
(under honorable conditions) characterization. No further  information
is available.  [Note:  Based  on  the  FBI  report  (Exhibit  E),  the
applicant apparently went absent without leave (AWOL) in 1957.  If  he
had, in fact, received a general characterization as indicated on  the
NA Form 13038, then he would be entitled  to  Department  of  Veterans
Affairs (DVA) benefits.  Since he is asking for an upgraded  discharge
in order to  receive  DVA  benefits,  he  likely  received  the  UOTHC
characterization indicated on Special Order No. S-1323.  The  NA  Form
13038 may be in error.  SAF/MRBR confirmed by  email  dated  8 Jan  07
that the DVA had no record of a claim from the applicant.]

On 21 Jun 06, in a 2-1 vote, the majority of the Board  concluded  the
applicant’s appeal for an honorable discharge should be denied and the
Director of the Air Force Review Boards Agency approved  the  majority
decision.  In their conclusions,  the  Board  strongly  suggested  the
applicant submit additional official documents, as  his  records  were
destroyed and the details of his military service and discharge  could
not be  clearly  or  fully  verified.   The  Board  also  invited  the
applicant  to  provide  information  pertaining  to  his  post-service
activities.

A copy of the Record of Proceedings (ROP), which includes the  Board’s
decision, rationale,  and  invitation  for  the  applicant  to  submit
additional evidence, is provided at Exhibit C.

In a package received on 13 Oct 06, the applicant submitted a personal
statement in which he explains he was severely injured  in  a  serious
car accident in Jul 06.  He  provides  additional  details  about  his
military  service  and  personal  circumstances.   He  also   includes
character statements from his son, former employers, and a businessman
who is a deacon at the applicant’s church.

The   applicant’s   complete   request   for   reconsideration,   with
attachments, is at Exhibit D.

Pursuant to the Board's request, the Federal Bureau  of  Investigation
(FBI), Washington, D.C., provided an  investigative  report  which  is
attached at Exhibit E

A copy of the FBI Report was forwarded to the applicant on  13 Dec  06
for review and comment within 14 days (Exhibit F).  As of  this  date,
this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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.   As   the
applicant’s submissions have not countered this presumption,  clemency
would be the only basis on which to recommend upgrading his discharge.
 We noted the character references submitted in his behalf.   However,
in view of the contents of the FBI Report,  i.e.,  the  applicant  was
arrested in 1957 and released to Air Force authorities for being AWOL,
and arrested after his discharge in 1962 for petty larceny, a majority
of the Board is not persuaded the post-service information provided is
strong enough to overcome the applicant’s apparent  misconduct.  Based
on the paucity of official documentation, the fact that the  applicant
has not refuted the contents of the FBI Report, and his limited  post-
service documentation,  the  Board  majority  is  not  convinced  that
upgrading his discharge on the basis of clemency is supportable.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 19 January 2007, under the provisions of AFI  36-
2603:

                       Ms. B. J. White-Olson, Panel Chair
                       Ms. Barbara R. Murray, Member
                       Ms. Debra K. Walker, Member

By a majority vote, the Board recommended denial of  the  application.
Ms. Walker voted to upgrade the applicant’s  discharge  to  honorable,
but  does  not  wish  to  submit  a  Minority  Report.  The  following
documentary evidence relating to AFBCMR  Docket  Number  BC-2006-00626
was considered:

   Exhibit C.  Record of Proceedings, dated 6 Jul 06, w/atchs.
   Exhibit D.  Applicant's Letter, undated (received 13 Oct 06,
                    w/atchs.
   Exhibit E.  FBI Report.
   Exhibit F.  AFBCMR Letter, dated 13 Dec 06.




                                   B.J. WHITE-OLSON
                                   Panel Chair



AFBCMR BC-2006-00626




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXX, XXXXXXX, be corrected to show that on
18 September 1958, he was honorably discharged and furnished an
Honorable Discharge certificate.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                                        CORRECTION OF MILITARY RECORDS
(AFBCMR)

SUBJECT:  AFBCMR Case on XXXXXXX

      After careful review of the available evidence and the
applicant’s submission, I agree with the minority member’s
recommendation to grant.  The facts surrounding the applicant’s
discharge cannot be verified as his records apparently were destroyed
in the 1973 fire at the National Personnel Records Center.  Based on
the FBI Report, the applicant was absent without leave (AWOL) in 1957
and was convicted of petty larceny in 1962 following his discharge
from the Air Force in 1958.  The applicant has not established that an
error or an injustice occurred with respect to his discharge process,
and I do not condone his transgressions both in and out of the
service.  However, I found his post-service information and character
references persuasive and noted that, after the misdemeanor conviction
in 1962, he appears to have been a law-abiding citizen.  I believe the
applicant has turned his life around and, after nearly 50 years, has
borne the adverse effects of his discharge long enough.

      Therefore, on the basis of clemency, I am inclined to give this
applicant the benefit of the doubt and hereby direct his discharge be
upgraded to honorable.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency