RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03421 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He has suffered with the fact he made a huge error in judgment during his time in the Air Force, and would like to have his record cleared. He was young and immature at the time, and has since led a clean and productive life. He was having difficulty hearing and informed his Commanding Officer (CO) that it was difficult to attend training due to the noise level and his hearing condition. His CO told him there were no acceptable excuses. The disagreement between him and his CO lasted about a week and ended in a physical altercation. It was at that point the Air Force began to process him for discharge. In support of his request, the applicant provides a personal statement. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records were destroyed in the fire at the National Personnel Records Center (NPRC) in 1973. Therefore, the facts surrounding his separation cannot be verified. Data extracted from his reconstructed record reflects he enlisted in the Regular Air Force on 12 Aug 55, and was discharged on 11 Sep 56 with a UOTHC discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided a copy of an investigation report, which is attached at Exhibit C. On 18 Oct 11, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. At the same time, the applicant was offered an opportunity to provide information pertaining to 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 error or injustice. We note the applicant’s military personnel records appear to have been destroyed in the 1973 fire at NPRC and we do not know the circumstances surrounding his separation. However, based on the presumption of regularity in the conduct of government affairs and without evidence to the contrary, we must assume the applicant was afforded all rights to which entitled, that appropriate regulations were followed, or appropriate standards were applied. Although the applicant states that he has been a productive member of society, he has not provided sufficient information of post-service activities and accomplishments for us to conclude that his discharge should be upgraded on the basis of clemency. In view of the above we find no basis to warrant favorable action on this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of 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-2011-03421 in Executive Session on 26 Jan 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2011-03421 was considered: Exhibit A. DD Form 149, dated 25 Aug 11, w/atch. Exhibit B. Applicant's Reconstructed Personnel Records. Exhibit C. FBI Report of Investigation, dated 6 Oct 11. Exhibit D. Letter, SAF/MRBC, dated 18 Oct 11.