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AF | BCMR | CY2012 | BC-2012-01281
Original file (BC-2012-01281.pdf) Auto-classification: Denied
 

 

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. 
 
 
 
 
 

 

2 
 



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