RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01699 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His undesirable discharge be upgraded to a general (under honorable conditions) discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: His discharge was a result of discrimination. He and other airmen took local females to the Non-Commissioned Officer’s Club on Hickam Air Field. The NCOs took offense and instigated a fight, for which he was blamed. In support of his request, the applicant provides copies of a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States and his Certification of Military Service. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ 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 was extracted from a copy of the Certification of Military Service and a Morning Report which indicates the applicant enlisted in the Regular Air Force on 26 February 1948. On 18 May 1950, he was discharged in the grade of private with an undesirable discharge under the provisions of AFR 39-17. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit C. On 25 June 2010, a copy of the FBI Report of Investigation and a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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. The applicant did not provide evidence to show that his discharge was erroneous or unjust. 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. Although the applicant did not specifically request consideration based on clemency, we find insufficient evidence to warrant a recommendation that the discharge be upgraded on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified 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. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01699 in Executive Session on 10 November 2010, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01699 was considered: Exhibit A. DD Form 149, dated 25 April 2010, w/atchs. Exhibit B. Applicant's Master Personnel Record. Exhibit C. Federal Bureau of Investigation Report. Exhibit D. Letter, AFBCMR, dated 25 June 2010.