RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03681
INDEX CODE: 110.00
COUNSEL: DAV
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 JUN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general (under honorable
conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires his discharge upgraded. He is an active member of his church,
involved in civic activities, a literacy volunteer, and a mason.
In support of his request, the applicant provided a personal statement and
a document extracted from his military personnel record.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records were destroyed by fire in 1973 at
the National Personnel Record Center (NPRC). Therefore, the facts
surrounding his separation from the Air Force cannot be verified.
Available records reflect that the applicant entered active duty on 20 May
1955 and was discharged on 10 October 1955, in the grade of airman basic,
with an undesirable discharge, under the provisions of AFR 39-22
(Conviction by Civil-Court). He served 1 year and 13 days on active duty
with 118 days lost time.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.
On 27 December 2006, the Board staff requested the applicant provide post-
service documentation within 14 days (Exhibit D). The applicant provided
documentation which is at Exhibit E.
On 8 January 2007, a copy of the FBI Report of Investigation was forwarded
to the applicant for review and response within 14 days (Exhibit F). 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 an 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. Although the applicant did not
specifically request consideration based on clemency, we find insufficient
evidence to warrant a recommendation that the discharge be upgraded on that
basis. In this respect, we note the applicant’s continued misconduct
following his discharge, as indicated on the FBI report. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an injustice; the application was denied without a
personal appearance; and 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 AFBCMR Docket Number BC-2006-
03681 in Executive Session on 8 February 2007, under the provisions of AFI
36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Ms. Teri G. Spoutz, Member
Mr. Charlie E. Williams Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Nov 06, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, SAF/MRBC, dated 27 Dec 06.
Exhibit E. Letter, Counsel, dated 4 and 8 Jan 07, w/atchs.
Exhibit F. Letter, SAF/MRBC, dated 8 Jan 07.
KATHY L. BOOCKHOLDT
Panel Chair
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