RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04498
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His under other than honorable conditions (UOTHC) discharge
be upgraded to honorable.
2. His records be corrected to reflect his correct service
number.
________________________________________________________________
APPLICANT CONTENDS THAT:
1. He was discriminated against and the circumstances
surrounding his discharge were unfair. Although he was
discharged for the possession of marijuana, he was told that he
would receive an honorable discharge within six months of his
separation. For more than 25 years he has tried to have his
records corrected, but to no avail. He was led to believe there
was nothing that could be done because his military records were
destroyed by fire.
2. His service number may have been transposed in his military
records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records were located in the
area most heavily damaged in the fire at the National Personnel
Records Center (NPRC) in 1973. The applicant provided a NA Form
13038, National Archives and Records Administration, which
indicates he enlisted in the Regular Air Force on 31 March 1955
and served on active duty until he was furnished a UOTHC
discharge on 8 August 1957.
On 4 June 2013, a request for post-service information was
forwarded to the applicant for comment within 30 days. As of
this date, no response has been received by this office (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 probable error or injustice.
According to officials at NPRC, the applicants records were
destroyed by fire in 1973 at the NPRC. Therefore, the facts
surrounding his separation and character of service could not be
verified. However, based on the presumption of regularity in
the conduct of governmental affairs, we must assume the
applicants discharge and service characterization were proper
and in compliance with the directive under which it was
effected. Other than his own assertions, the applicant has
presented no evidence to indicate otherwise. In the interest of
justice, we considered upgrading the discharge based on
clemency; however, in the absence of any evidence of a
successful post-service transition, we are not inclined to
recommend granting relief upon this basis. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend the relief sought in this application. In regards to
the applicants assertion that his records reflect an incorrect
service number, we note the applicants available personnel
records correctly reflect his service number. However, it
appears his service number was transposed on the Certification
of Military Service document he submitted. Since this is not an
official Air Force document, but one generated by NPRC, the
Board has no authority to correct it. Therefore, in view of the
above, we find no basis to recommend granting the requested
relief.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2012-04498 in Executive Session on 9 July 2013, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 September 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 4 June 2013.
Panel Chair
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