RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04392
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was supposed to be discharged based on hardship. He wishes
to have is discharge upgraded to be eligible for Department of
Veterans Affairs (DVA) services. He was not aware his discharge
made him ineligible for DVA benefits.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records were apparently
located in the area most heavily damaged in the fire at the
National Personnel Records Center in 1973. According to the
applicants DD Form 214, Report of Separation from Active Duty,
he commenced his enlistment in the Regular Air Force on 16 Oct
74. On 22 Apr 75, he was furnished a UOTHC discharge and was
credited with six months and seven days of active service.
A request for post-service information was forwarded to the
applicant on 3 Jun 14 for review and comment within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
________________________________________________________________
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. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred in the discharge processing. We note
the applicants military personnel records are not available for
our review. 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, absent evidence to the contrary, we must assume the
applicants discharge, to include his service characterization
and narrative reason for separation, were proper and in
compliance with the directive under which it was effected. In
the interest of justice, we considered upgrading the discharge
based on clemency; however, in the absence of any evidence for
us to consider in determining whether or not the applicants
activities since leaving the service are sufficient to overcome
the misconduct for which he was discharged, we are not inclined
to recommend granting the relief sought 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 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-2013-04392 in Executive Session on 10 Jul 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
?
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-04392 was considered:
Exhibit A. DD Forms 149, dated 4 Sep 13.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFBCMR, 3 Jun 14, w/atch.
Panel Chair
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