RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03437
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His stepfather was an abusive alcoholic and a compulsive
gambler. One night before duty, he was at his mothers house to
keep her safe from his abusive father. The first sergeant came
to the Stockade several times a week and asked him why dont
you make it easy and accept a discharge? At the time, he did
not realize the implications of an under other than honorable
discharge.
Sleeping on duty only occurred once and there are no other
documents pertaining to that issue.
In support of his request, the applicant provides a copy of his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants administrative discharge package could not be
located. Attempts to obtain a copy of his discharge package
have been unsuccessful. Therefore, the circumstances and facts
surrounding his discharge are not available.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, WV, states they we unable to identify
an arrest record on the basis of the information furnished.
In response to a request for post-service information, the
applicant reiterated the circumstances his family suffered
through as a result of his abusive father. He went home often
to take care of his family. Finally, fatigue and stress took
its toll and he fell asleep at work. He was ultimately
discharged and the discharge has stayed with him his entire
life.
He has lived a pretty ordinary life. He is married and has four
children. He worked construction for several years. He later
found he had a flare for cooking and worked at a resort area.
He changed jobs again and worked for a medical supply company
until he retired.
He has been a member of the same church for 42 years and
volunteers when needed. He has had no legal problems.
The applicants complete response, with attachments, is at
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 error or injustice. Based upon the
presumption of regularity in the conduct of governmental affairs
and without evidence to the contrary, we must assume the
applicants discharged was proper and in compliance with the
appropriate directives. Therefore, based on the available
evidence of record, we find no basis upon which to favorably
consider this application. In the interest of justice, we
considered upgrading the applicants discharge on the basis of
clemency, however, there was no evidence submitted to compel us
to recommend granting the request on that basis. Therefore, in
the absence of evidence to the contrary, we find no basis upon
which to recommend granting the relief sought.
________________________________________________________________
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 AFBCMR Docket
Number BC-2011-03437 in Executive Session on 7 June 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dtd 17 Aug 11, w/atch.
Exhibit B. Letter, SAF/MRBC, dtd 14 Mar 12.
Exhibit C. Letter, Applicants Response, dtd 7 Apr 12, w/atchs.
Panel Chair
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