RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01233
INDEX CODE: 106.00
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 October 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to
a General Discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reason he was given an Article 15 was a bounced check issued to the NCO
Club in the amount of $2.00, which he made good. He was a staff sergeant
(E-5) at the time and was demoted to the grade of airman first class (E-3)
as a result of the Article 15. He was advised that the Article 15 would not
be in his records upon completion of his duty.
When he was demoted, he spoke with the Judge Advocate’s office and advised
them he was unable to support his family, and he lost his home. He was
granted a Veterans Administration (VA) home loan in 1965, and believes he
has paid his dues with his NSF check as his financial records are in great
standing.
He was an aircraft mechanic, was injured twice while on active duty, and
received minimum coverage. The first injury was three broken toes when a
fire bottle fell on his foot while he was on the flight line, and his foot
was wrapped and he was sent on his way. He believes that as the years have
passed, he is in need of getting his foot checked due to this injury. The
second injury was a jaw broken in three places when he fell across a
railing within the dock area where the aircraft engines dock over the pit
areas. His medical treatment consisted of having his jaw wired for six
weeks, and no further treatment is needed at this time.
He desires the ability to use VA medical treatment as he is at the age that
he has been in need of medical treatment. When he applied for VA medical
benefits, he discovered his DD Form 214 stated UOTHC, and believes this to
be incorrect.
In support of his appeal, he has provided copies of a personal statement,
dated 17 April 2007, an NA Form 13038, Certification of Military Service,
dated 13 February 2007, and a memorandum from the National Personnel
Records Center, dated 15 February 2007.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were apparently destroyed by
fire in 1973. Therefore, the facts surrounding his separation cannot be
verified. Data extracted from his reconstructed records reflects that he
enlisted in the Regular Air Force on 27 October 1954, was discharged on 27
January 1960, and was issued a UOTHC discharge.
Pursuant to the Board's second 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).
_________________________________________________________________
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 as his limited reconstructed
personnel records contain no documentation as to the circumstances leading
to his discharge. 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.
_________________________________________________________________
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.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2007-01233
in Executive Session on 15 August 2007, under the provisions of AFI 36-
2603:
Mr. Michael J. Novel, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Apr 2007, w/atchs.
Exhibit B. Applicant's Reconstructed Military Personnel
Records.
Exhibit C. Negative FBI Reply, dated 18 Jun 07.
MICHAEL J. NOVEL
Panel Chair
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