RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01488
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded.

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APPLICANT CONTENDS THAT:

He desires his discharge to be upgraded.

In support of his appeal, the applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and other documentation.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.  Therefore, the facts surrounding his separation from the Air Force cannot be verified.  The following information was obtained from his DD Form 214.

Applicant enlisted in the Regular Air Force on 9 July 1956 in the grade of airman basic for a period of four years.

On 7 February 1958, the applicant was discharged in the grade of airman basic with service characterized as general (under honorable conditions), under the provisions of AFR 39-16 (Inaptitude or Unsuitability).  He served a total of 1 year, 6 months and 29 days of active service.

On 2 and 29 May 2003, SAF/MRBR advised the applicant that his military personnel records were destroyed in the 1973 fire at the NPRC and requested he provide them copies of any documents/records that he may have in his possession and any other information that would assist the Board in rendering a positive decision in his request within 30 days.  He never responded (Exhibit E).

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated that they were unable to identify with arrest record on basis of information furnished.  (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPRS deferred their recommendation to the AFBCMR.  They indicated that other than the applicant’s DD Form 214 there is nothing available to determine the factors leading to the discharge or the discharge process.  The separation code on his DD Form 214 is “363” (inaptitude of unsuitability).

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 July 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

On 4 August 2003, the Board staff requested the applicant provide post-service documentation within 14 days.  As of this date, no response has been received by this office (Exhibit F).

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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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case.  After careful consideration of applicant’s request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action with respect to his request.  The applicant’s personnel records appear to have been destroyed by fire and we do not know the circumstances surrounding his separation.  In the absence of these circumstances we cannot determine whether or not he would have received the same type of discharge under current standards.  We also find insufficient evidence to warrant a recommendation that the discharge be upgraded on the basis of clemency.  Applicant has not provided information of his post-service activities and accomplishments.  Should the applicant provide statements from community leaders and acquaintances attesting to his good character and reputation and other evidence of successful post-service activities, this Board would be willing to review this information for possible reconsideration of this case.  However, based on the presumption of regularity in the conduct of government affairs and without evidence to the contrary, we must assume the applicant was afforded all rights to which entitled, that appropriate regulations were followed, or appropriate standards were applied.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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 AFBCMR Docket Number BC-2003-01488 in Executive Session on 4 September 2003 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 7 January 2003, w/atchs.
   Exhibit B.  Available Applicant's Master Personnel Records.
   Exhibit C.  FBI Report - Negative.
   Exhibit D.  Letter, AFPC/DPPRS, dated 1 July 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 11 July 2003, w/atchs.
   Exhibit F.  Letter, AFBCMR, dated 4 August 2003, w/atch.

                                   
                                   Panel Chair