RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03640
		INDEX CODE:  110.00
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He enlisted in the service for his country and to help his mother.  He states that his father was an alcoholic and after he enlisted and left home his family situation became worse.  He left his base twice without permission to try and help his mother and sisters.  He is 73 years old and in poor health.

In support of his request, the applicant provided a copy of his DD Form 214, Report of Separation from the Armed Forces and an authorization form from his Senator's office.

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

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STATEMENT OF FACTS:

It appears the applicant's military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.

The following information, extracted from a copy of the DD Form 214 that he provided indicates he enlisted in the Regular Air Force on 9 March 1954 for a period of four years.  On 9 September 1955, he was discharged in the grade of airman third class with a general discharge, under the provisions of AFR 39-13 (Dependency or Hardship).  He served 1 year and 19 days on active duty.

Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, was unable to identify an arrest record on the basis of the information furnished - Exhibit B.

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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 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.  Notwithstanding the above, we note the applicant did not provide any information pertaining to his activities since leaving the service.  If he were to submit any post-service documentation, we would be inclined to reconsider his appeal as a matter of clemency.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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.

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The following members of the Board considered this application in Executive Session on 11 December 2008, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2008-03640 was considered:

  Exhibit A. DD Form 149, dated 18 September 2008, w/atchs.
  Exhibit B. FBI Negative Reply, dated 9 October 2008.