RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03045
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. In his application dated 18 September 2007, applicant requests that his
undesirable discharge be changed to a medical discharge.
2. In his application dated 12 January 2008, applicant requests that his
undesirable discharge be upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had no representation of his rights resulting in his acceptance of an
undesirable discharge. He deserved a medical discharge, but was coerced
into accepting an undesirable discharge.
He further desires his discharge upgrade in order to apply for benefits and
entitlements from the Department of Veterans Affairs (DVA).
In support of his request, the applicant provided a personal statement and
a copy of his DD Form 214, Report of Separation from the Armed Forces of
the United States.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
It appears the applicant's military personnel records were destroyed by
fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis,
Missouri. Therefore, the following information was extracted from the
DD Form 214 provided by the applicant.
He enlisted in the Regular Air Force on 6 January 1954 for a period of four
years.
On 20 November 1954, the applicant was discharged in the grade of airman
basic with an undesirable discharge, under the provisions of AFR 39-17
(Unfitness). He served 10 months and 14 days on active duty.
On 24 July 2008, the Board staff requested the applicant provide
documentation pertaining to his post-service activities, within 30 days
(Exhibit B). As of this date, this office has received no response.
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 8 August 2008, a copy of the FBI Report of Investigation was forwarded
to the applicant for review and response within 30 days (Exhibit D). 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 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 the applicant's discharge was proper and in
compliance with appropriate directives. Additionally, we considered
upgrading his discharge on the basis of clemency; however, noting his
apparent misconduct following his discharge as indicated on the FBI report,
we do not believe a recommendation that the characterization of his
discharge be upgraded on that basis is warranted. Regarding his request
for a medical discharge; other than his own assertions, insufficient
evidence has been provided which would lead us to believe that at the time
of his separation, a physical condition existed that would have
disqualified him from worldwide military service. Therefore, we see no
reason why he would have been eligible for consideration in the disability
evaluation system. In view of the above and in the absence of persuasive
evidence to the contrary, we find no basis upon which to favorably consider
this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or 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-2007-
03045 in Executive Session on 23 October 2008, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Elwood C. Lewis III, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence was considered:
Exhibit A. DD Forms 149, dated 18 September 2007
and 12 January 2008, w/atchs.
Exhibit B. Letter, SAF/MRBC, dated 24 July 2008.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, SAF/MRBC, dated 8 August 2008.
THOMAS S. MARKIEWICZ
Chair
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