RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03271 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under other than honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: His military counsel told him his discharge would automatically change to honorable after two years, because of the nature of the “good of the Service request.” In support of his request, the applicant provides copies of DD Form 214; Report of Separation from Active Duty, AF 909, Airman Performance Report; DD Form 4, Enlistment Contract Armed Forces of The United States; his resume, and character letters. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military records are missing documentation pertaining to his discharge; therefore, only a limited record exists. According to his available records, he enlisted in the Regular Air Force on 19 Jan 1973 for a period of four years. On 23 Oct 1974, he was separated from the Air Force under the provisions of AFM 39-12, Separation for Unsuitability, Unfitness, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program, Chapter 4, “in lieu of trial by court-martial”. He received a general (under other than honorable conditions) discharge He served one year, nine months, and five days of total active service. On 17 Apr 2012, a copy of the FBI report and a request for post- service information was forwarded to the applicant for review and comment 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 an injustice. Although the applicant’s military records are missing documentation pertaining to his discharge, based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that his discharge was proper and in compliance with appropriate directives. We find no evidence of error in this case and after thoroughly reviewing the documentation that has been submitted in support of applicant's appeal, we do not believe that he has suffered from an injustice. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought in 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 this application in Executive Session on 22 May 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to BC-2011-03271 was considered: Exhibit A. DD Form 149, dated 12 Jul 2011, w/atchs. Exhibit B. FBI Report, dated 12 Apr 2012. Exhibit D. Letter, AFBCMR, dated 17 Apr 2012.