RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03848
INDEX CODE: 106.00
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not want the discharge and told them so at the time; however, there
seemed to be an effort to discharge people because the Cuban Crisis was
over and the base was being deluged with senior airmen from other bases.
When this happened, he was not informed that he could submit this
application.
He recently talked to someone who was discharged on the same day and
advised him as to the process to have his status changed. Once he was made
aware of this, it took him some time to find his DD Form 214.
In support of his appeal, he has provided a copy of his DD Form 214.
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 the applicant's
separation cannot be verified. Data extracted from his DD Form 214
reflects he was discharged on 29 January 1961, and issued an under
honorable conditions 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).
On 25 January 2008, the applicant was requested to provide documentation
concerning his post-service activities. His complete response is at
Exhibit E.
_________________________________________________________________
APPLICANT'S RESPONSE TO REQUEST FOR POST-SERVICE INFORMATION:
He remembers getting into trouble for not reporting to pay-call. He had
been TDY to Wurtsmith AFB and had money. He and two other members left the
area, got drunk, were caught, and he was subsequently demoted. He was then
involved in an automobile accident and was two-hours late reporting for
duty due to being detained by the police. A general officer was conducting
an inspection, and the base commander was irritated at him as he caused him
to have a bad mark on his clean slate. He feels he did his job, was proud
to be in the Air Force, and to this day regrets his actions.
After being discharged, he graduated from high school and then attended
night college courses for two years. He worked at the Empire Mine for 31
years, starting as a laborer and retiring as senior coordinator. He has
four children, to include two sons who served in the Air Force. He is a
long-time member of the Elks, American Legion, and Knights of Columbus. He
has had three heart operations in the last five years and now has Celiac
Disease. His memory is no longer good and he is trying to get his life in
order.
The applicant’s complete response is at Exhibit E
_________________________________________________________________
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 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 sufficient documentation pertaining to his post-service
activities. Should he provide such evidence, we would be willing to
reconsider his appeal.
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-2007-03848
in Executive Session on 21 February 2008, under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Lea Gallogly, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Nov 07, w/atch.
Exhibit B. NPRC MPR Search Request, dated 16 Jun 04, w/atchs.
Exhibit C. US DOJ Negative FBI Report, dated 16 Jan 08.
Exhibit D. Letter, AFBCMR, dated 25 Jan 08, w/atch.
Exhibit E. Letter, Applicant, undated.
WAYNE R. GRACIE
Panel Chair
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