RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01699
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to a general (under
honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was a result of discrimination. He and other
airmen took local females to the Non-Commissioned Officers Club
on Hickam Air Field. The NCOs took offense and instigated a
fight, for which he was blamed.
In support of his request, the applicant provides copies of a
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States and his Certification of
Military Service.
The applicants 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 was extracted from a copy of the
Certification of Military Service and a Morning Report which
indicates the applicant enlisted in the Regular Air Force on
26 February 1948. On 18 May 1950, he was discharged in the grade
of private with an undesirable discharge under the provisions of
AFR 39-17.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 25 June 2010, a copy of the FBI Report of Investigation and a
request for information pertaining to his post-service activities
was forwarded to the applicant for review and response within
30 days (Exhibit D). 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 an error or injustice. The
applicant did not provide evidence to show that his discharge was
erroneous or unjust. 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. Although
the applicant did not specifically request consideration based on
clemency, we find insufficient evidence to warrant a
recommendation that the discharge be upgraded on that basis.
Therefore, in the absence of evidence to the contrary, we find no
basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or 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 AFBCMR Docket
Number BC-2010-01699 in Executive Session on 10 November 2010,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01699 was considered:
Exhibit A. DD Form 149, dated 25 April 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Record.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 25 June 2010.
Panel Chair
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