RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-03576

	COUNSEL: NONE

 	HEARING: YES

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded to a general (under honorable conditions) discharge or fully honorable.

APPLICANT CONTENDS THAT:

While stationed in Japan he would leave the base and go in to the town to explore the nightlife and look for women.  One night he was approached by an airman who started a verbal confrontation that eventually became physical.  The fight ended and they went their separate ways.  The other aviator reported the incident, which started an investigation.  It was not until three years later that he was questioned about the incident.  The other airman was an alleged homosexual and he was asked if he was homosexual.  He states he is not homosexual.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed by fire in 1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.  Therefore, there are limited records and no discharge package is part of the record.  The facts leading to his separation from the Air Force cannot be determined.

The applicant’s Certification of Military Service, dated 21 Sep 81, reflects he is a former Air Force airman first class.  He served in the Air Force from 11 Jul 51 to 5 Apr 55.  He received a UOTHC discharge (Exhibit B).

On 14 Dec 16, a request for information pertaining to his post-service activities was forwarded to the applicant for review and response (Exhibit C).  The applicant provided a copy of his fingerprints (Exhibit D). 
THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an injustice.  The Board notes the applicant’s military personnel records are not available for 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, the Board must assume the applicant’s discharge, to include his service characterization were proper and in compliance with the directive under which it was effected.  The applicant has provided no evidence which would lead the Board to believe the characterization of the service was contrary to the provisions of the governing regulation.  In the interest of justice, the Board considered upgrading the discharge based on clemency; however, given the evidence presented, the Board finds no basis to do so.  However, should the applicant provide new evidence pertaining to his post-service accomplishments the Board may be willing to to reconsider the applicant’s request.  Therefore, the Board recommends against correcting the applicant’s records.

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-03576 in Executive Session on 6 Jun 18:

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Aug 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Letter, SAF/MRBC, dated 14 Dec 16.
Exhibit D:  Applicant’s Response, w/atchs, not dated.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9 pertaining to Docket Number BC-2016-03576.