RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01795
		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 was discharged with a general (under honorable conditions) discharge for an event which took place off base.

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

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STATEMENT OF FACTS:

The applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri; therefore, the circumstances surrounding his separation from the Air Force cannot be verified.

The available record provided by the applicant indicates he enlisted in the Air Force on 2 October 1958 for a period of four years.

On 13 December 1960, the applicant was discharged with service characterized as general (under honorable conditions) in the grade of airman second class under the provisions of AFR 39-17 - Unfitness.  He served one year, nine months, and one day of total active service.

On 4 June 2004, SAF/MRBR advised the applicant of his records being totally destroyed by fire in 1973 at the NPRC and requested he provide documents, forms, and any records he may have in his possession.

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an Investigative Report, which is at Exhibit C.

On 12 August 2004, the Board staff requested the applicant provide post-service documentation and provided him the opportunity to respond to the FBI report within 14 days (Exhibit D).  As of this date, the applicant has not responded.

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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.  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 the discharge be upgraded on that basis.  The letters submitted in behalf of the applicant are noted; however, in the Board’s opinion the applicant has not provided sufficient information concerning his post-service activities and accomplishments to warrant a favorable recommendation on the basis of clemency.

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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; 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.

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The following members of the Board considered this application in Executive Session on 22 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2004-01795 was considered:

   Exhibit A.  DD Form 149, dated 8 June 2004, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFBCMR, dated 13 August 2004.