RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00286
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  1 AUGUST 2007

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APPLICANT REQUESTS THAT:

His father’s other than honorable discharge (undesirable) be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His father received an honorable discharge for the first four years of his enlistment. He reenlisted and started having problems with his first sergeant. 

In support of the application, applicant provided a Certificate of Death, DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, personal letter from the former member’s wife, Certification of Military Service, DD Form 214, and Letter from National Personnel Records Center.

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

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STATEMENT OF FACTS:

The applicant's father’s military personnel records were destroyed by fire in 1973.  Therefore, the facts surrounding his separation cannot be verified.  Data extracted from his reconstructed records reflects that prior to the period of service under review, the applicant’s father served honorably in the Air Force on his initial enlistment from 1 November 1952 until 2 November 1956.  On      27 October 1959, he was discharged under the provisions of     AFR 39-17 (Unfitness), and issued an other than honorable discharge (undesirable).  

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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 that the applicant's father’s discharge was proper and in compliance with appropriate directives.  The only other basis upon which to upgrade his discharge would be based on clemency.  However, applicant has failed to provide documentation pertaining to his father’s post service activities.  Should he provide documentary evidence pertaining to his post service activities we would be willing to reconsider his appeal.  In the absence of such evidence, favorable action is not recommended.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

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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 Docket Number    BC-2006-00286 in Executive Session on 18 April 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jan 06.
    Exhibit B.  Applicant's Father’s Reconstructed Personnel Records.