RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05721

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His undesirable discharge be upgraded to honorable.  

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APPLICANT CONTENDS THAT:

He became depressed when his wife left him and he began drinking heavily.  Due to his drinking, he had a fight and was placed into confinement for 30 days.  He was young then and is now sorry for his actions of many years ago.  He has not had a drink in over 25 years and an upgrade in his discharge will allow him to receive assistance from the Veterans Administration for his current health issues.  

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

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STATEMENT OF FACTS:

The applicant’s military personnel records were damaged in the fire at the National Personnel Records Center (NPRC) in 1973.  Data extracted from the applicant’s reconstructed record reflects he enlisted in the Regular Air Force on 1 October 1958.  

On 15 August 1961, the applicant was furnished an under other than honorable conditions (UOTHC) discharge in the grade of airman basic and issued a DD Form 258AF, Undesirable Discharge Certificate.  

On 28 August 2013, a request for post-service information was forwarded to the applicant for comment within 30 days.  As of this date, no response has been received this office (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.  According to officials at NPRC, the applicant’s records were destroyed by fire in 1973 at the NPRC.  Therefore, the facts surrounding his separation and character of service could not be verified.  However, based on the presumption of regularity in the conduct of governmental affairs, we must assume the applicant’s discharge and service characterization were proper and in compliance with the directive under which it was effected.  In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence of a successful post-service transition, we are not inclined to recommend granting relief upon this basis.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend the relief sought in this application.  

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material 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.

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The following members of the Board considered AFBCMR Docket Number BC-2012-05721 in Executive Session on 7 October 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member





The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05721 was considered:

     Exhibit A.  DD Form 149, dated 7 December 2012, w/atchs.
     Exhibit B.  Applicant's Available Personnel Records.
     Exhibit C.  Letter, AFBCMR, dated 28 August 2013, w/atch.




                                   
                                   Panel Chair