RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03271
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under other than honorable conditions) discharge be
upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His military counsel told him his discharge would automatically
change to honorable after two years, because of the nature of
the good of the Service request.
In support of his request, the applicant provides copies of DD
Form 214; Report of Separation from Active Duty, AF 909, Airman
Performance Report; DD Form 4, Enlistment Contract Armed Forces
of The United States; his resume, and character letters.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military records are missing documentation
pertaining to his discharge; therefore, only a limited record
exists. According to his available records, he enlisted in the
Regular Air Force on 19 Jan 1973 for a period of four years. On
23 Oct 1974, he was separated from the Air Force under the
provisions of AFM 39-12, Separation for Unsuitability,
Unfitness, Misconduct, Resignation, or Request for Discharge for
the Good of the Service and Procedures for the Rehabilitation
Program, Chapter 4, in lieu of trial by court-martial. He
received a general (under other than honorable conditions)
discharge
He served one year, nine months, and five days of total active
service.
On 17 Apr 2012, a copy of the FBI report and a request for post-
service information was forwarded to the applicant for review
and comment within 30 days. As of this date, no response has
been received by this office. 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 an error or an injustice. Although
the applicants military records are missing documentation
pertaining to his discharge, based upon the presumption of
regularity in the conduct of governmental affairs and without
evidence to the contrary, we must assume that his discharge was
proper and in compliance with appropriate directives. We find
no evidence of error in this case and after thoroughly reviewing
the documentation that has been submitted in support of
applicant's appeal, we do not believe that he has suffered from
an injustice. In the interest of justice, we considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to compel us to
recommend granting the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we find no basis
upon which to recommend granting the relief sought in this
application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 this application
in Executive Session on 22 May 2012, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to BC-2011-03271
was considered:
Exhibit A. DD Form 149, dated 12 Jul 2011, w/atchs.
Exhibit B. FBI Report, dated 12 Apr 2012.
Exhibit D. Letter, AFBCMR, dated 17 Apr 2012.
Panel Chair
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