AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01281
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He served his country for approximately two years. He took an
early release to go home to help his father on the farm since he
was the last son at home.
In support of the applicant’s appeal, he provides a copy of a
DD Form 258AF, Discharge Certificate and other documentation.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records could not be located
by the National Personnel Record Center (NPRC) in St. Louis,
Missouri. NPRC requested the applicant furnish copies of any
military papers/documents in his possession so that they could
reconstruct his military service. Therefore, the facts and
circumstances of his time in the service are not available. The
following information was obtained from a copy of a DD Form 258AF
provided by the applicant which reflects that he received an
undesirable discharge on 21 December 1956.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, was unable to
identify an arrest record based on the information furnished.
_________________________________________________________________
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 injustice. Based upon
the presumption of regularity in the conduct of governmental
affairs and without evidence to the contrary, we must assume the
former service member’s discharge was proper and in compliance
with appropriate directives. In the interest of justice, we
considered whether the applicant’s discharge should be upgraded
as a matter of clemency. However, we do not find the evidence
and documentation provided is sufficient to upgrade it on that
basis. Therefore, in the absence of evidence to the contrary, we
find no basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an error or injustice; the
application was denied without a personal appearance; and 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-2012-01281 in Executive Session on 16 October 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 March 2012, w/atchs.
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