RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03640
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He enlisted in the service for his country and to help his mother. He
states that his father was an alcoholic and after he enlisted and left home
his family situation became worse. He left his base twice without
permission to try and help his mother and sisters. He is 73 years old and
in poor health.
In support of his request, the applicant provided a copy of his DD Form
214, Report of Separation from the Armed Forces and an authorization form
from his Senator's office.
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.
The following information, extracted from a copy of the DD Form 214 that he
provided indicates he enlisted in the Regular Air Force on 9 March 1954 for
a period of four years. On 9 September 1955, he was discharged in the
grade of airman third class with a general discharge, under the provisions
of AFR 39-13 (Dependency or Hardship). He served 1 year and 19 days on
active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, was unable to identify an arrest record on the
basis of the information furnished - Exhibit B.
_________________________________________________________________
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. Notwithstanding the above, we note the
applicant did not provide any information pertaining to his activities
since leaving the service. If he were to submit any post-service
documentation, we would be inclined to reconsider his appeal as a matter of
clemency.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issues involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an 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 this application in
Executive Session on 11 December 2008, under the provisions of AFI 36-
2603:
Ms. Gregory A. Parker, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Anthony P. Reardon, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-
2008-03640 was considered:
Exhibit A. DD Form 149, dated 18 September 2008, w/atchs.
Exhibit B. FBI Negative Reply, dated 9 October 2008.
GREGORY A. PARKER
Panel Chair
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