RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01466
								INDEX CODE:  106.00
	XXXXXXXXXXXXXXXXX			COUNSEL:  NONE

								HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  7 November 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His mother was not notified he was in trouble and therefore not able to come to his defense.  She would have been able to petition her Congressman to inquire, which might have gotten his attention.  He did not hurt anyone, did not steal anything, and was not insubordinate.

When he was a young man (17), he was encouraged and taught how to drink during Military Basic Training, and he did not think anyone cared about the consequences (his Drill Instructor said it would make him tough).

The drinking was not forced upon him.  He drank until he was out of control, and was disturbing the peace a lot during his off- duty time.

Until he got sober, he was not aware that an application for correction of military records was available to him.

In support of his appeal, he has provided a copy of a memorandum from the National Personnel Records Center, dated 16 January 2006, SO A-685, dated 1 December 1958, and his NA Form 13038, Certificate of Military Service, dated 13 January 2006.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The National Personnel Records Center advises that no Military Personnel Record is available under the name, social security number, or service number provided.  Therefore, the facts surrounding his separation cannot be verified.  Data extracted from his NA Form 13038, Certificate of Military Service, reflects that he was discharged on 24 November 1958, and issued a UOTHC discharge.  

Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, indicated that on the basis of the data furnished, they were unable to locate an arrest record (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 probable error or injustice.  Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the applicant's discharge was proper and in compliance with appropriate directives.  The only other basis upon which to upgrade his discharge would be based on clemency.  However, applicant has failed to provide documentation pertaining to his post-service activities.  Should he provide documentary evidence pertaining to his post-service activities we would be willing to reconsider his appeal.  In the absence of such evidence, favorable action is not recommended.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

4.  The applicant's 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 issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2007-01466 in Executive Session on 2 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 May 07, w/atchs.
    Exhibit B.  NA Form 13038, dated 13 Jan 06.
    Exhibit C.  FBI Response, dated 18 Jun 07.