RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05183
COUNSEL: NO
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other than Honorable Conditions (UOTHC) discharge be
upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has learned from his youthful mistake and kept a clean
record. He was informed that if he stayed out of trouble for
six months he could request an upgrade.
He was incarcerated for three months and was on probation for
three years. He has had no further occurrences since being
discharged.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Armed Forces of the United States Report of
Transfer or Discharge and letter from the Governor of Virginia,
dated 2 Aug 04.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 27 May 71, the applicant entered the Regular Air Force. On
12 Jun 72, he was discharged with service characterized as
UOTHC. He served 1 year and 16 days of total active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states that based on the
documentation on file in the master personnel records, the
discharge was appropriately administered and within the
discretion of the discharge authority. The applicant did not
provide any evidence that an error or injustice occurred in the
processing of his discharge.
DPSOR states that they cannot confirm what the applicant may
have been told regarding an upgrade to his discharge service
characterization; however, there is no automatic upgrade
characterization due to the passage of time and each request for
upgrade is decided by the evidence presented and the individual
merits of the case.
The complete DPSOR evaluation is at Exhibit C.
________________________________________________________________
APPLICANTS REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 22 Mar 13, for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
response.
________________________________________________________________
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 discharge was proper and in compliance with the
appropriate directives. Therefore, we agree with the opinion
and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the primary basis for
our conclusion the applicant has not been the victim of an error
or injustice. In the interest of justice, we considered
upgrading the discharge on the basis of clemency; however, after
considering his overall record of service, the infractions which
led to his administrative separation and lack of post-service
documentation, we are not persuaded that an upgrade is warranted
on this basis. In view of the above and 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 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-
2012-05183 in Executive Session on 15 Aug 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Nov 12, w/atchs.
Exhibit B. Letter, AFPC/DPSOR, dated 11 Mar 13.
Exhibit C. Letter, SAF/MRBR, dated 23 Mar 13.
Panel Chair
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