RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02255
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded.

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APPLICANT CONTENDS THAT:

He desires his discharge upgraded.

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

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STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC).  Therefore, the facts surrounding his separation from the Air Force cannot be verified.

Available records indicate on 26 July 1954, the applicant enlisted in the Regular Air Force.

On 21 March 1956, the applicant was discharged in the grade of airman third class under the provisions AFR 39-22 - Civil Court Conviction.  He served 1 year, 7 months, and 26 days of total active duty service with 133 days of lost time.

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided a report which is at Exhibit C.

On 30 September 2004, the Board staff requested the applicant provide post-service documentation within 14 days (Exhibit D).  

On 12 October 2004, the applicant was provided the opportunity to respond to the FBI investigation within 14 days (Exhibit E).

The applicant provided post-service documentation which is at 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 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 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.

4.	Although the applicant did not specifically request consideration based on clemency, we also find insufficient evidence to warrant a recommendation the discharge be upgraded on that basis.  The letters submitted in behalf of the applicant are noted; however, while the current FBI is clean, previous FBI reflects misconduct subsequent to his discharge.  Therefore, based on the evidence of record, we cannot conclude that clemency is warranted.

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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 8 December 2004, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2004-02255 was considered:

   Exhibit A.  DD Form 149, dated 18 August 2004, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  FBI Report.
   Exhibit D.  Letter, AFBCMR, dated 30 September 2004, w/atch.
   Exhibit E.  Letter, AFBCMR, dated 12 October 2004, w/atch.
   Exhibit F.  Letters, Character References,
			dated 5 October 2004.