RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03424
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 6 MAY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There was no error or injustice. He never got in trouble, he had a
drinking problem.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
All attempts to obtain applicant’s military personnel records have been
unsuccessful. It appears his records were destroyed in the fire at St.
Louis in 1973. Therefore, the facts surrounding his separation cannot be
verified. Data extracted from his reconstructed records reflects that he
enlisted in the Regular Air Force on 20 Sep 54, was discharged on 15 May
57, and issued an under honorable conditions (general) discharge.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided a copy of an investigation report,
which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
EXAMINER’S NOTE: Due to applicant’s military personnel records being
missing or destroyed, the Air Force office of primary responsibility was
unable to provide an advisory opinion addressing the discharge action.
The AFBCMR Staff invited the applicant to submit post-service information
and also provided him a copy of the FBI report. These letters are at
Exhibits D and E.
Applicant states that his Commanding Officer said he had eight/eight balls
and he offered them a good discharge “General” because he felt that in a
matter of time, they would cause him a lot of trouble, so they took it. He
never even had an Article 15. After he got out of the Air Force, he was a
bricklayer, and then a car salesman. He worked as a Mercedes Benz sales
manager for 21 years and is now retired.
The applicant’s response is at Exhibit F.
_________________________________________________________________
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
consider upgrade of his discharge would be clemency. However, in view of
the FBI Identification Record, we are not persuaded the characterization of
the applicant’s discharge warrants an upgrade to honorable. 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-
03424 in Executive Session on 27 February 2007, under the provisions of AFI
36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Wallace F. Beard Jr., Member
Ms. Karen A. Holloman, Member
The following documentary evidence pertaining to Docket Number BC-2006-
03424 was considered:
Exhibit A. DD Form 149, dated 1 Nov 06, w/atch.
Exhibit B. Applicant's Reconstructed Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 24 Jan 07.
Exhibit E. Letter, AFBCMR, dated 2 Feb 07.
Exhibit F. Letter, Applicant, undated.
KATHLEEN F. GRAHAM
Panel Chair
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