RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-03215
		INDEX CODE:  131.00
		COUNSEL:  None

		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.

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APPLICANT CONTENDS THAT:

His discharge should be upgraded because it is just.

Applicant's complete submission, with an attachment, is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant's military personnel records were destroyed by the 1973 fire at the National Personnel Records Center and only limited information is available for review.

The available records reveal the applicant served on active duty from 17 March 1955 through 10 May 1957.  He was discharged from the Air Force on 10 May 1957, in the grade of airman basic, with a general under honorable conditions discharge.  He served 2 years, 1 month and 24 days of active duty service.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Washington, D.C., provided an investigative report which is attached at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS states they are unable to determine the propriety of the applicant’s discharge based on the lack of documentation in his records.  The applicant has not submitted any evidence, nor identified any errors in the processing of his discharge, nor did he provide facts that support changing his separation.  Furthermore, if the request were granted there is no discharge 
form to correct, the applicant would only receive a letter from the Board stating he received an honorable discharge.  They recommend the applicant’s request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 November 2003, for review and response.  As of this date, no response has been received by this office.  

On 11 December 2003, the Board staff requested the applicant provide any documentation which pertained to his military service and discharge.  The staff also advised the applicant that he had not provided any post-service information and that this information is helpful to the Board (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 waive 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 the applicant’s discharge was proper and in compliance with appropriate directives.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2003-03215 in Executive Session on 24 February 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Oct 03, w/atchs.
   Exhibit B.  Available Reconstructed Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFPC/DPPRS, dated 13 Nov 03.
   Exhibit E.  Letter, SAF/MRBR, dated 21 Nov 03.
   Exhibit F.  Letter, AFBCMR, dated 11 Dec 03.