RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02112
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
APPLICANT CONTENDS THAT:
He and another airman held-up a couple one weekend and were
subsequently arrested and jailed. He did not have his rights
explained and did not understand the consequences of accepting
an undesirable discharge in lieu of a court-martial.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant commenced his service with the Regular Air Force
on 11 Apr 56.
On 24 Dec 59, the applicant was furnished an UOTHC discharge,
and was credited with three years, six months, and six days of
active service. A copy of the applicants discharge package is
not available; therefore, the circumstances surrounding his
discharge could not be verified.
On 4 Aug 14, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
In response, the applicant provides a copy of a Federal Bureau
of Investigation search of fingerprints and employment
information describing his activities since leaving the service
(Exhibit D).
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. Due to the
limited records available and based upon the presumption of
regularity in the conduct of governmental affairs, we must
assume that the applicants discharge was proper and in
compliance with appropriate directives. We find no evidence of
error or injustice in the available records and without evidence
to support the applicants appeal we find no basis upon which to
favorably consider this application. Therefore, in view of the
foregoing, we conclude that no basis exists upon which to
recommend favorable action on his request. In the interest of
justice, we considered upgrading the discharge based on
clemency; however, we do not find the evidence presented is
sufficient for us 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 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-2014-02112 in Executive Session on 25 Feb 15, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining AFBCMR Docket
Number BC-2014-02112 was considered:
Exhibit A. DD Form 149, dated 16 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 27 May 14, w/atch.
Exhibit D. Letter, Applicant, dated 4 Aug 14.
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