RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03384
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 MAY 2008
______________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he was discharged for petty, insignificant loitering and for
tampering with canteen equipment. He states no significant damage occurred
to the property but he was taken to court and then discharged.
In support of his request, he submits a personal letter, a power of
attorney, DD Form 214, Armed Forces of the United States Report of Transfer
or Discharge, NGB Form 22, Report of Separation and Record of Service in
the Air National Guard of the United States and the Air National Guard of
South Carolina and medical records/information.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 2 December 1955. On 3 April
1957, he received an undesirable discharge for receiving a conviction in a
civilian court. He served 1 year, 10 months and 17 days of active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, DC., provided an investigation report
Pertaining to the applicant. A copy of the report was provided to the
applicant for review and response within 30 days. As of this date no
response has been received. (Exhibit C).
By letter, dated 29 January 2007, it was requested that the applicant
provide evidence pertaining to his post-service activities. The applicant
provided a personal statement and character references.
His complete response, with attachments, is at Exhibit D.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was nottimely 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. Therefore, based on the available
evidence of record, we find no basis upon which to favorably consider this
application. We also find insufficient evidence to warrant a
recommendation that the discharge be upgraded on the basis of clemency. We
have considered the applicant's overall quality of service, the events
which precipitated the discharge and available evidence related to his post-
service activities and accomplishments. We do not believe that clemency is
warranted at this time.
________________________________________________________________
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 BC-2006-03384 in Executive
Session on 8 March 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Teri G. Spoutz, Member
Ms. Renee M. Collier, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Nov 06, w/atchs.
Exhibit B. FBI Report, dated 26 Jan 07
Exhibit C. Letter, SAF/AFBCMR, dated 29 Jan 07.
Exhibit D. Letter, Applicant, dated 26 Feb 07, w/atchs.
THOMAS S. MARKIEWICZ
Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002
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Reference your application, AFBCMR BC-2006-03384 submitted under the
provisions of AFI 36-2603 (Section 1552, 10 USC).
After careful consideration of your application and military records,
the Board determined that the evidence you presented did not demonstrate
the existence of material error or injustice. Accordingly, the Board
denied your application.
You have the right to submit newly discovered relevant evidence for
consideration by the Board. In the absence of such additional evidence, a
further review of your application is not possible.
BY DIRECTION OF THE CHAIR
GREGORY E.
JOHNSON
Chief
Examiner
Air Force Board
for Correction
of Military
Records
Attachment:
Record of Board Proceedings
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