RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03602
		INDEX CODE:  110.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He had served an unblemished career and was reassigned to Elmendorf AFB, AK.  While at Elmendorf AFB he received his Good Conduct Medal and was provided a form concerning his reenlistment.  One night after attending a social dance at a club he and several of his barracks friends, who had formed a club, were walking from the social dance to another party.  An individual driving by stopped and offered them a ride.  They offered him an opportunity to join their club.  When the driver of the vehicle used a racial slur directed at the applicant, his friends, who were white and Puerto-Rican became angry and made him get out of his car and took his jacket.  They drove away in his car and realizing that he could only survive in -40 degree temperature for around 30 minutes, they returned to pick him up.  However, he had found a taxi and was gone.  The police were called and each was charged with strong-armed robbery.  On the advice of his lawyer, he plead guilty, received a deferred sentence, and was subsequently discharged from the Air Force.

Since the incident, he has been married twice, once for 14 years and the other for 22 years. He has four children.  He has been a minister for the past 31 years, pastoring churches all over Texas, and is currently the pastor of two churches in Texas.  

In support of his request, applicant has provided a personal statement.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 2 Jul 59 and was discharged on 20 May 63 with an undesirable discharge.  He served 3 years, 10 months, and 18 days on active duty.

The remaining relevant facts pertaining to this application, extracted from the applicant’s reconstructed military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.  

In response to the Board's request, the FBI provided a copy of an investigative report pertaining to the applicant (see Exhibit E).

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed applicant's request and states that his records were most likely destroyed by fire in 1973 at the National Personnel Records Center, St. Louis, MO.  There are no documents to substantiate the reason for his discharge other than his personal statement, in which he admits that he along with several airmen from his barracks stole a car.  Since it has been approximately 39 years since his discharge, DPPRS recommends upgrade of his discharge to general (under honorable conditions) if a check of his Federal Bureau of Investigations (FBI) record does not reveal any subsequent convictions.  The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 Mar 02 for review and response within 30 days.  A copy of the FBI investigative report was forwarded to the applicant on 26 Mar 02 for review and comment within 14 days.  As of this date, this office has received no response.

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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 probable error or injustice.  We note the recommendation from the Air Force.  However, after a review of his FBI records along with the evidence he provided in support of his appeal, we do not believe that upgrade of his discharge is warranted.  Therefore, based upon the presumption of regularity in the conduct of governmental affairs and without persuasive evidence that would lead us to believe otherwise, we must assume that the applicant's discharge was proper and in compliance with appropriate directives and find no basis upon which to favorably consider this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered Docket Number 01-03602 in Executive Session on 25 Apr 02, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Jan 02, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 Feb 02.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Mar 02.
    Exhibit E.  FBI Investigative Report, dated 8 Mar 02.
    Exhibit F.  Letter, SAF/MRBR, dated 26 Mar 02.