RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00819
INDEX CODE: 106.00
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 16 September 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He wishes to die with a good discharge.
In support of his appeal, he has provided a copy of his DD Form 258AF,
Undesirable Discharge Certificate, dated 3 January 1957.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The National Personnel Records Center advises that no Military Personnel
Record is available under the name, social security number, or service
number provided. Therefore, the facts surrounding his separation cannot be
verified. Data extracted from his DD Form 258AF, Undesirable Discharge
Certificate, reflects that he was discharged on 3 January 1957, and issued
an undesirable discharge.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated that on the basis of the data furnished, they
were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
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, we must assume 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 based on clemency. However, applicant
has failed to provide documentation pertaining to his post service
activities. Should he provide documentary evidence pertaining to his post
service activities we would be willing to reconsider his appeal. In the
absence of such evidence, favorable action is not recommended. 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 probable 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-2007-00819
in Executive Session on 24 July 2007, under the provisions of AFI 36-2603:
Ms. Patricia J. Zarodkiewicz, Vice Chair
Mr. Jeffery R. Shelton, Member
Ms. Dee R. Reardon, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Mar 2007, w/atch.
Exhibit B. NARA/ARC Registry eMilrecs extract, dated 16 Mar
07.
Exhibit C. Exhibit C. Letter, US DOJ FBI, dated 18 Jun 07.
PATRICIA J.
ZARODKIEWICZ
Vice Chair
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