RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01598
								INDEX CODE:  106.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  16 November 2008

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

The incident that led to the undesirable discharge occurred during the pre-civil rights era and, as an African American, he may not have received equal justice.  In today’s Air Force, he would not have received an undesirable discharge.

He has been a model citizen for the last 57 years.  He worked for the Pennsylvania and Amtrak Railroads in Washington D.C. and Baltimore, MD, from 1951 to 1988.  He became a Master Barber in 1968, and purchased a barber shop.  He is a member and deacon at the First Baptist Church of Guilford in XXXXXXX, MD.  He retired from Amtrak in 1968.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The National Personnel Records Center advises that the applicant's military personnel records were apparently destroyed by fire in 1973, and no Military Personnel Record is available under the name, social security number, or service number provided.  Therefore, the facts surrounding his separation cannot be verified.  Data extracted from his NA Form 13038, Certification of Military Service, reflects that he was discharged on 12 January 1950, and issued an undesirable discharge.  

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated that on the basis of the data furnished, they were unable to locate an arrest record (Exhibit C).  

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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 probable 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 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 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-2007-01598 in Executive Session on 24 July 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Mar 2007.
    Exhibit B.  NA Form 13038, dated 17 Nov 87, w/atchs.
    Exhibit C.  Letter, US DOJ FBI, dated 30 May 07.
    Exhibit D.  AFBCMR Letter, dated 27 Jun 07.