RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01095
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His Under Other Than Honorable Condition (UOTHC) discharge be upgraded to Honorable.
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APPLICANT CONTENDS THAT:
He was unjustly court-martialed. He called his First Sergeant and told him he would be late because he overslept. It was the first time he was late. This was his second enlistment, and he had a Good Conduct Medal. He could understand receiving an Article 15, but not a court-martial.
The applicants complete submission, with attachment, is at Exhibit A.
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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. Therefore, the facts surrounding his discharge could not be verified.
According to the documentation submitted by the applicant, he was discharged with a characterization of service of UOTHC on 15 Sep 59.
On 8 Dec 13, a request for post-service information was forwarded to the applicant for review and comment within 30 days. In response, the applicant submitted an expanded personal statement and character references from his daughter and current employer (Exhibit C).
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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. We took notice of the applicants complete submission in judging the merits of this case; however, we find no evidence or an error or injustice that occurred in the discharge process. 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. 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, we do not find the evidence presented sufficient to conclude that the applicants post-service activities overcome the misconduct for which he was discharged. Therefore, in the absence of evidence to the contrary, we find no basis to recommend favorable consideration of the application.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01095 in Executive Session on 14 Jan 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01095 was considered:
Exhibit A. DD Form 149, dated 26 Feb 13, w/atch.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, SAF/MRBC, dated 13 Dec 13, w/atch.
Exhibit D. Letter, Applicant, dated 11 Jan 14, w/atchs.
Panel Chair
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