RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03743
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 June 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has been a good and loyal citizen with only two misdemeanor arrests
in the past 46 years.
In support of the appeal, applicant submits a copy of his DD Form 293,
a copy of his separation document, a personal statement, and documents
pertaining to his post service activities.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s records were destroyed by fire at the National Personnel
Records Center (NPRC), in St. Louis, MO; therefore, the following
information has been extracted from the Certification of Military
Service provided by the applicant.
Applicant is a former member who served from 29 December 1954 to 30
December 1958. His service was terminated by an undesirable discharge
in the grade of airman basic.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided an investigative report which is attached at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the FBI Report was forwarded to the applicant on 23 January
2007 for review and comment within 14 days. As of this date, this
office has received no response (Exhibit 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 probable error or injustice. Based upon the
presumption of regularity in the conduct of governmental affairs and
without evidence to the contrary, the Board assumes that the
applicant’s discharge was proper and in compliance with appropriate
directives. The only other basis upon which to upgrade his discharge
would be clemency. However, applicant has failed to provide
documentation pertaining to his post-service activities. In the
absence of such evidence, a majority of the Board finds no basis upon
which to favorably consider this application. Should he provide
documentary evidence pertaining to his post-service activities a
majority of the Board would be willing to reconsider his appeal.
_________________________________________________________________
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 15 February 2007, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Ms. Dee R. Reardon, Member
Mr. Jeffrey R. Shelton, Member
By a majority vote, the Board recommended denial of the application.
Mr. Jeffrey R. Shelton voted to correct the records but does not
desire to submit a Minority Report. The following documentary
evidence pertaining to AFBCMR Docket Number BC-2006-03743 was
considered:
Exhibit A. DD Form 149, dated 1 Nov 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 23 Jan 07.
JAMES W. RUSSELL III
Panel Chair
AFBCMR BC-2006-03743
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of EDWARD M. POLK
After considering the evidence available for my review, I agree with
the minority member of the panel that the applicant’s request to upgrade
his undesirable discharge should be granted.
While the applicant’s undesirable may have been appropriate for the
circumstances at the time, I note he has lived with its adverse effects for
nearly 49 years. Subsequent to his separation, his only civil offenses
appear to have been two arrests for unauthorized use of a motor vehicle 29
years ago. From the evidence provided, it appears that since that time, he
has been a responsible citizen and has shown excellent post-service
adjustment with the absence of involvement with civil authorities. The
evidence and supporting statements provided by the applicant attest to his
good character and the widely-held opinion that he is an asset to the
community.
I do not condone the behavior that led to his undesirable discharge
or his subsequent involvement with civil authorities. Nonetheless, since
it serves no useful purpose to the Air Force or to society in general to
continue the nature of his discharge at this late date, it is my decision
that the characterization of his discharge should be upgraded to general
(under honorable conditions) on the basis of clemency.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR BC-2006-03743
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 EDWARD M. POLK, 508-42-7134, be corrected to show that on 30
December 1958, he was discharged with service characterized as general
(under honorable conditions).
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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