RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02986
		INDEX CODE:  110.00
		COUNSEL:  None

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to general under honorable conditions.  

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APPLICANT CONTENDS THAT:

He has been a good citizen and has not been in trouble since his discharge.  He has never been arrested for drunk driving.  He attends extra curricular school activities for his sons and also for his four grandchildren.  He is involved with his community and has run for city council.  For the past two years, he has been working part-time as a security guard and is regarded as being reliable.  He is very sorry for his actions while in the Air Force.  He would like to tell his children and grandchildren that he was not a bad person, but was a little headstrong when he was growing up.  He regrets his actions deeply and has learned by his mistakes.  

In support of his appeal, applicant submits a personal statement and a copy of his DD Form 214.  Applicant’s submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s records were lost or destroyed and efforts at reconstruction have been, for the most part, unsuccessful.  The following is the only known information pertaining to the applicant's service and was extracted from the document provided by the applicant.  

The applicant enlisted in the Regular Air Force on 17 September 1951 for a period of four years.  On 4 March 1955, he was discharged under the provisions of AFR 39-17, for unfitness and received an undesirable discharge.  He was credited with 2 years, 8 months and 10 days of continental service and 11 months and 21 days of foreign service.  He had 281 days of lost time.

Pursuant to the Board’s request, the FBI provided a copy of an Investigative Report, No. 871235B, which is at Exhibit B.

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AIR FORCE EVALUATION:

Due to the applicant’s records being lost or destroyed, an Air Force evaluation could not be rendered.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 January 2004, a letter was forwarded to applicant suggesting that he consider providing evidence pertaining to his post-service activities.  As of this date, this office has received no response (see Exhibit C).  

On 13 January 2004, a copy of the FBI report was forwarded to the applicant for review and comment.  As of this date, this office has received no response (see Exhibit D).

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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 error or injustice.  It appears that under the given circumstances at that time, responsible officials applied appropriate standards in effecting his discharge action.  Applicant’s contentions were duly noted.  However, based on the short period of time he served on active duty, the excessive amount of time lost to the government and the limited evidence provided, approval of the requested relief is not warranted.  In addition, an FBI record provided information pertaining to the applicant indicating recent involvement with law enforcement authorities.  In view of this fact and in the absence of more expansive evidence by the applicant attesting to a successful post-service adjustment in the years after his last involvement with civil law enforcement authorities, we are not inclined to extend clemency in this case.

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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 this application in Executive Session on 12 February 2004, under the provisions of AFI 36-2603:

The following documentary evidence for AFBCMR Docket Number 02-02005 was considered:

     Exhibit A.  DD Form 149, dated 28 Aug 03, w/atchs.
     Exhibit B.  FBI Report, dated 5 Jan 04.
     Exhibit C.  Letter, AFBCMR, dated 8 Jan 04.
     Exhibit D.  Letter, AFBCMR, dated 13 Jan 04.