RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02516
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 February 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Bad Conduct Discharge be upgraded to a general (under honorable
conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has come to realize over the years since his discharge that he has
been holding the wrong persons responsible for his actions or
reactions.
In support of the appeal, applicant submits two personal statements
and a copy of his Certification of Military Service.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s master personnel record (MPR) appears to have been lost or
destroyed. Based on the available documentation the following facts
are provided.
Applicant is a former member who served in the Regular Air Force from
5 October 1954 to 23 May 1956.
On 23 May 1956, while serving in the grade of airman basic, he was
separated with a bad conduct discharge. He had served 1 year, 7
months and 19 days.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an investigative report which is
attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Federal Bureau of Investigation (FBI) Report was
forwarded to the applicant on 1 December 2006 for review and comment
within 14 days. As of this date, this office has received no response
(Ex D).
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no
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 this application in
Executive Session on 17 January 2007, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2006-02516 was considered:
Exhibit A. DD Form 149, dated 5 Sep 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 1 Dec 06.
THOMAS S. MARKIEWICZ
Chair
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