RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01540
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his discharge upgraded.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC).  Therefore, the facts surrounding his separation from the Air Force cannot be verified.

Available records indicate on 10 January 1958, the servicemember enlisted in the Regular Air Force for a period of four years.

On 4 April 1958, the servicemember was discharged in the grade of airman basic with a general (under honorable conditions) discharge, under the provisions of AFR 39-16 (Unsuitability).  He served 2 months and 25 days of total active service.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided a report which is at Exhibit C.

On 2 August 2004, the Board staff requested the servicemember provide post-service documentation within 14 days (Exhibit D).  

On 16 August 2004, the servicemember was provided the opportunity to respond to the FBI investigation within 14 days (Exhibit E).  The applicant’s spouse telephoned the BCMR staff and indicated the servicemember was deceased and further indicated discrepancies within the FBI investigation (race, eye color, hair color, and birth date).

On 30 September 2004, the Board staff requested a second FBI report due to the applicant’s spouse contesting the information in the report.  By telephone, personnel at the FBI indicated the report provided is the only report on file with that member’s name and place of birth.  A further investigation would require fingerprints.

On 20 October 2004, the Board staff requested the applicant’s spouse provide documentation to verify the servicemember is deceased, documentation pertaining to the circumstances of his discharge, information related to his post-service activities and accomplishments and any information to refute the information in the FBI report (Exhibit F).

The applicant’s spouse provided a response with attachments; however, she did not provide a death certificate (Exhibit G).

The applicant’s spouse subsequently provided additional documentation, to include a death certificate, which is at Exhibit H.

_________________________________________________________________

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.  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, based on the available evidence of record, we find no basis upon which to favorably consider this application.

4.	Although the applicant did not specifically request consideration based on clemency, we also find insufficient evidence to warrant a recommendation that the discharge be upgraded on that basis.  The applicant’s spouse found discrepancies within the FBI report and appears to have refuted these issues.  Further, she has provided information regarding the servicemember’s post-service activities and accomplishments.  However, due to the servicemember’s limited active duty service and the fact that it cannot be determined the reason for his discharge, we are not persuaded an upgrade is warranted.  Should the servicemember’s spouse submit documentation pertaining to his active duty service and the circumstances of his discharge, we would be willing to review the request for possible reconsideration.  Therefore, based on the evidence of record, we cannot conclude that clemency is warranted.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of an error or an 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-2004-01540 in Executive Session on 18 November and 9 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 May 2004, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFBCMR, dated 2 August 2004, w/atch.
   Exhibit E.  Letter, AFBCMR, dated 16 August 2004, w/atch.
   Exhibit F.  Letter, AFBCMR, dated 20 October 2004, w/atchs.
   Exhibit G.  Letter, Applicant’s Spouse, dated 23 October 2004,
			w/atchs.
   Exhibit H.  Letter, Applicant’s Spouse, undated, w/atchs.