RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00987
INDEX CODE: 110.02
XXXXXXXXXXX COUNSEL: None
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 DECEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has maintained good work and family habits and has not been in trouble
with the law. He would like his discharge upgraded for his family and
grandchildren and would like to be eligible for Veteran Affairs benefits.
In support of his request, applicant provides a personal statement, copy of
his DD Form 214 and character reference letters.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the DD Form 214 submitted by the applicant, he enlisted in the
Air Force on 9 April 1958 for a period of four years. On 28 April 1961,
the applicant was discharged with a under other than honorable conditions
discharge. He served for a period of 2 years, 9 months, and 7 days. The
applicant’s time lost was 104 days due to military confinement and Absent
Without Leave.
No other military service records can be located; therefore, an Air Force
advisory opinion was unable to be accomplished. The applicant did not
submit information surrounding his discharge.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an investigative report pertaining to the applicant,
which is at Exhibit B.
On 3 July 2007, a copy of the FBI report was forwarded to the applicant for
review and comment. As of this date, this office has received no response.
_________________________________________________________________
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. We have noted the supportive statements
submitted on behalf of the applicant and it appears he has been a
productive member of society since his discharge. However, based upon the
presumption of regularity in the conduct of governmental affairs and in the
absence of evidence to the contrary, we must assume that the applicant's
discharge and the characterization of his service were proper and in
compliance with appropriate directives. Therefore, based on the available
evidence of record, we find no basis upon which to recommend favorable
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-2007-00987
in Executive Session on 8 August 2007, under the provisions of AFI 36-2603:
Mr. James W. Russell, III, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Clarence R. Anderegg, Member
The following documentary evidence pertaining to Docket Number BC-2007-
00987 was considered:
Exhibit A. DD Form 149, dtd 5 Apr 07, w/atchs.
Exhibit B. FBI Investigative Report #171864E,
dtd 4 Jun 07.
Exhibit C. Letter, AFBCMR, dtd 3 Jul 07.
JAMES W. RUSSELL, III
Panel Chair
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