RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00227
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His undesirable discharge be upgraded.
APPLICANT CONTENDS THAT:
He received an undesirable discharge for taking too much leave
upon returning from his assignments in Japan, Korea, and
Okinawa. At twenty years old, he did not realize the life-long
consequences of this action. He now desires to correct this
negative stigma in his life.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicants military personnel records are not available.
According to a National Archives and Records Administration Form
13038 (REV. 04-01), dated 21 Nov 13, submitted by the applicant,
he entered the Regular Air Force on 21 Jun 54.
On 5 Dec 57, the applicant was furnished an undesirable
discharge.
According to information provided by Air Force Office of Special
Investigation, a criminal record pertaining to the applicant
does exist.
On 28 Apr 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 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. 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-2014-00227 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jan 14, w/atchs.
Exhibit B. Applicant's Available Personnel Records.
Exhibit C. Letter, SAF/MRBR, 28 Jul 14.
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