RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03421
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has suffered with the fact he made a huge error in judgment
during his time in the Air Force, and would like to have his
record cleared. He was young and immature at the time, and has
since led a clean and productive life.
He was having difficulty hearing and informed his Commanding
Officer (CO) that it was difficult to attend training due to the
noise level and his hearing condition. His CO told him there
were no acceptable excuses. The disagreement between him and his
CO lasted about a week and ended in a physical altercation. It
was at that point the Air Force began to process him for
discharge.
In support of his request, the applicant provides a personal
statement.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records were destroyed in the
fire at the National Personnel Records Center (NPRC) in 1973.
Therefore, the facts surrounding his separation cannot be
verified.
Data extracted from his reconstructed record reflects he enlisted
in the Regular Air Force on 12 Aug 55, and was discharged on
11 Sep 56 with a UOTHC discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided a copy of an
investigation report, which is attached at Exhibit C.
On 18 Oct 11, a copy of the FBI report was forwarded to the
applicant for review and comment within 30 days. At the same
time, the applicant was offered an opportunity to provide
information pertaining to his activities since leaving the
service (Exhibit D).
_________________________________________________________________
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 error or injustice. We note the
applicants military personnel records appear to have been
destroyed in the 1973 fire at NPRC and we do not know the
circumstances surrounding his separation. However, based on the
presumption of regularity in the conduct of government affairs
and without evidence to the contrary, we must assume the
applicant was afforded all rights to which entitled, that
appropriate regulations were followed, or appropriate standards
were applied. Although the applicant states that he has been a
productive member of society, he has not provided sufficient
information of post-service activities and accomplishments for us
to conclude that his discharge should be upgraded on the basis of
clemency. In view of the above we find no basis to warrant
favorable action on 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 Docket Number
BC-2011-03421 in Executive Session on 26 Jan 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to Docket Number
BC-2011-03421 was considered:
Exhibit A. DD Form 149, dated 25 Aug 11, w/atch.
Exhibit B. Applicant's Reconstructed Personnel Records.
Exhibit C. FBI Report of Investigation, dated 6 Oct 11.
Exhibit D. Letter, SAF/MRBC, dated 18 Oct 11.
Panel Chair
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