Search Decisions

Decision Text

AF | BCMR | CY2009 | BC-2008-03088
Original file (BC-2008-03088.doc) Auto-classification: Denied


                       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

Similar Decisions

  • AF | BCMR | CY2009 | BC-2008-03529

    Original file (BC-2008-03529.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03529 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD 214 be amended to include the National Defense Service Medal (NDSM) and an Air Force Commendation Medal (AFCM). We took note of the applicant’s complete submission; however, based on the evidence provided we find no...

  • AF | BCMR | CY2009 | BC-2008-02295

    Original file (BC-2008-02295.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-02295 INDEX CODE: 110.02 xxxxxxxxxxx COUNSEL: None HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His bad conduct discharge (BCD) be upgraded to a general (under honorable conditions) discharge. We find no evidence of error in this case and after thoroughly reviewing the applicant's submission, we do not believe he...

  • AF | BCMR | CY2009 | BC-2008-03532

    Original file (BC-2008-03532.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03532 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The SJA recommended a general discharge. After careful consideration of the applicant's request and the available evidence of record, we see...

  • AF | BCMR | CY2009 | BC-2008-03280

    Original file (BC-2008-03280.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03280 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 be updated to reflect the Global War on Terrorism Expeditionary Medal (GWOT-E), the Air Force Expeditionary Service Ribbon with Gold Border (AFESR w/GB), the Global War on Terrorism Service Medal (GWOT-S), and the...

  • AF | BCMR | CY2009 | BC-2008-02710

    Original file (BC-2008-02710.doc) Auto-classification: Denied

    After he was discharged from the Air Force he discovered his real SSN. DPSS asked the applicant by letter to provide a letter from the Social Security Administration stating his SSN reflected the requested change at the time of his enlistment. The complete DPSS evaluation, with attachment, is at Exhibit B.

  • AF | BCMR | CY2009 | BC-2008-02405

    Original file (BC-2008-02405.DOC) Auto-classification: Denied

    The complete DPAPP evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 3 October 2008, for review and response within 30 days. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence, that his records should be corrected to show he served in Korea or was awarded the KSM.

  • AF | BCMR | CY2009 | BC-2008-02133

    Original file (BC-2008-02133.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He performed duties in Indochina in South Vietnam but the personnel officer at the time of his discharge had it in for him and removed all proof from his records. DPAPP states the applicant did not provide any documentation showing he served in Vietnam. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2008- 02133...

  • AF | BCMR | CY2008 | BC-2008-00200

    Original file (BC-2008-00200.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 22 February 2008 for review and response within 30 days. After a thorough review of the evidence of record and applicant’s submission, the Board is not persuaded that the applicant should be promoted to the grade of private first class. Exhibit C. Letter, SAF/MRBR, dated 22 Feb 08.

  • AF | BCMR | CY2009 | BC-2008-01945

    Original file (BC-2008-01945.doc) Auto-classification: Denied

    In support of his request, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 293, Application for the Review of Discharge from the Armed Force of the United States, documents extracted from his military personnel records and an extract from Army Regulation (AR) 601-210. On 9 Dec 02, his commander notified him that he was recommending his discharge from the Air Force for fraudulent entry. AFPC/DPSOA's complete evaluation is...

  • AF | BCMR | CY2008 | BC-2007-03237

    Original file (BC-2007-03237.doc) Auto-classification: Approved

    In support of his appeal the applicant provided a copy of the IG findings. The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit B. GREGORY A. PARKER Panel Chair AFBCMR BC-2007-03237 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the...