RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00135
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded.
APPLICANT CONTENDS THAT:
He was not allowed due process by Air Force officials that
charged him with payroll fraud. He was misinformed and
pressured to accept an immediate discharge, fully believing the
discharge would be automatically upgraded after a probationary
period. He further contends extenuating circumstances in his
personal life should have been considered in the
characterization of his discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 6 Jun 72, the applicant initially entered the Regular Air
Force.
On 5 Aug 83, the applicant was furnished a UOTHC discharge for
misconduct-pattern conduct prejudicial to good order and
discipline. He was credited with 11 years and 2 months of
active service. The applicants discharge package is not
available for review; therefore, the circumstances precipitating
the applicants discharge could not be verified.
On 28 Jul 14, a request for post-service information was
forwarded to the applicant for review and response 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 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 do not contain a copy
of the discharge package. 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, was proper
and in compliance with the directive under which it was
effected. The applicant has provided no evidence which would
lead us to believe the characterization of the service was
contrary to the provisions of the governing regulation, unduly
harsh, or disproportionate to the offenses committed. In the
interest of justice, we considered upgrading the discharge based
on clemency; however, in the absence of any evidence related to
the applicants post-service activities, there is no way for us
to determine if the applicants accomplishments since leaving
the service warrant such an action. Therefore, in the absence
of evidence to the contrary, we find no basis to recommend
granting the relief sought.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
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-2014-00135 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit D. Letter, SAF/MRBR, dated 28 Jul 14.
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The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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. Exhibit C. Letter, AFBCMR, dated 25 Jul 14.
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