RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2006-00165
								INDEX CODE:  110.00

								COUNSEL:  NONE  

								HEARING DESIRED:  NO  

MANDATORY CASE COMPLETION DATE:  17 July 2007  

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was told that if he took an “early out,” he would receive an honorable discharge.  

He would like to join the American Legion as a “Legioneer.” 

He would like to receive a VA home loan. 

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

All attempts to obtain applicant’s military personnel records have been unsuccessful.  It appears his records were destroyed in the fire at St. Louis in 1973.  Therefore, the facts surrounding his separation cannot be verified.  

Data extracted from his reconstructed records reflects that he enlisted in the Regular Air Force on 7 Sep 55, was discharged on  13 Nov 57, and issued an undesirable discharge.

Pursuant to the request of the Board on 13 Apr 06, the Federal Bureau of Investigation, Clarksburg, WV, indicated on 17 Apr 06, that, on the basis of data furnished, they are unable to locate an arrest record (Exhibit C).

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AIR FORCE EVALUATION:

EXAMINER’S NOTE:  Due to applicant’s military personnel records being missing or destroyed, the Air Force office of primary responsibility was unable to provide an advisory opinion addressing the discharge action.

On 24 Feb 06, the AFBCMR staff offered the applicant an opportunity to provide additional documentation pertaining to his service in the Air Force and the facts surrounding his discharge.  To date, no response has been received by this office.  (Exhibit D)

On 24 Apr 06, the AFBCMR offered the applicant an opportunity to provide information pertaining to his activities since leaving the service.  The applicant responded with a personal letter indicating that since his release from the military he spends approximately 70 hours a week volunteering at an American Legion post in Indiana. (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 error or injustice.  Upon thoroughly reviewing the limited evidence of record and noting the applicant’s complete submission, it appears the applicant’s military records were destroyed by fire; thus the Board could not review the circumstances surrounding his separation.  Based on the presumption of regularity in the conduct of governmental affairs, however, the Board assumed that the 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 Docket Number BC‑2006-00165 in Executive Session on 8 June 2006, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Jan 06.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Report of Investigation.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 06.
    Exhibit E.  Letter, AFBCMR, dated 24 Apr 06.
    Exhibit F.  Letter, Applicant, 5 May 06.