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AF | BCMR | CY2011 | BC-2011-03421
Original file (BC-2011-03421.txt) Auto-classification: Denied
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 applicant’s 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 Board’s 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 
applicant’s 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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