RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03088
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His dishonorable discharge be expunged from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received a dishonorable discharge from the United States Air Force
50 years ago. Considering the amount of time that has passed, he
would like to have the discharge expunged from his record.
In support of his request, the applicant provided documentation
associated with his request for a congressional inquiry.
His 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 Records Center, St. Louis,
MO. Therefore, the facts surrounding his separation cannot be
verified.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated, that on the basis of data furnished, they
are unable to locate an arrest record (Exhibit B).
On 17 September 2008, a request for information pertaining to his post-
service activities was forwarded to the applicant for response within
30 days. As of this date, no response has been received by this
office (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 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 that the applicant's discharge was
proper and in compliance with appropriate directives. 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 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 AFBCMR Docket Number BC-
2008-03088 in Executive Session on 11 December 2008, under the
provisions of AFI 36-2603:
Mr. Gregory A. Parker, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Anthony P. Reardon, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 July 2008, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Negative Reply, dated 9 September 2008.
GREGORY A. PARKER
Panel Chair
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