RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00166
INDEX CODE: 110.02
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was denied Department of Veterans Affairs (DVA) education
benefits because his discharge was characterized as general
(under honorable conditions). He would like his discharge
upgraded so he can receive education benefits.
In support of his appeal, the applicant provides a personal
letter and copies of his DD Forms 214, Report of Separation from
the Armed Forces of the United States.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 9 October 1947 and was promoted to the
grade of airman second class effective 11 December 1953. He was
discharged effective 17 May 1955 with a general (under honorable
conditions) discharge after serving 7 years, 6 months, and
13 days on active duty.
In response to the applicants request for records, a National
Personnel Records Center (NPRC) letter, dated 25 August 2004,
indicates the applicants military service records may have been
destroyed in the 12 July 1973 fire; therefore, the requested
records were not available.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report. On 21 July 2010, the applicant was given
an opportunity to submit comments about his post service
activities and the FBI Report (Exhibit C). 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 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
applicants discharge was proper and in compliance with
appropriate directives. Furthermore, we do not find clemency is
appropriate in this case since the applicant has not provided any
evidence concerning his post-service activities. 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 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 AFBCMR Docket
Number BC-2010-00166 in Executive Session on 21 September 2010,
under the provisions of AFI 36-2603:
XXXXXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXXX, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-00166:
Exhibit A. DD Form 149, dated 9 Jan 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report #209344D, dated 1 Jul 10.
Exhibit D. Letter, AFBCMR, dated 21 Jul 10, w/atch.
XXXXXXXXXXXXXXXXXX
Panel Chair
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