RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03437 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions discharge be upgraded 
to honorable. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His stepfather was an abusive alcoholic and a compulsive 
gambler. One night before duty, he was at his mother’s house to 
keep her safe from his abusive father. The first sergeant came 
to the Stockade several times a week and asked him “why don’t 
you make it easy and accept a discharge?” At the time, he did 
not realize the implications of an under other than honorable 
discharge. 

 

Sleeping on duty only occurred once and there are no other 
documents pertaining to that issue. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s administrative discharge package could not be 
located. Attempts to obtain a copy of his discharge package 
have been unsuccessful. Therefore, the circumstances and facts 
surrounding his discharge are not available. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation, Clarksburg, WV, states they we unable to identify 
an arrest record on the basis of the information furnished. 

 

In response to a request for post-service information, the 
applicant reiterated the circumstances his family suffered 


through as a result of his abusive father. He went home often 
to take care of his family. Finally, fatigue and stress took 
its toll and he fell asleep at work. He was ultimately 
discharged and the discharge has stayed with him his entire 
life. 

 

He has lived a pretty ordinary life. He is married and has four 
children. He worked construction for several years. He later 
found he had a flare for cooking and worked at a resort area. 
He changed jobs again and worked for a medical supply company 
until he retired. 

 

He has been a member of the same church for 42 years and 
volunteers when needed. He has had no legal problems. 

 

The applicant’s complete response, with attachments, is at 
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 error or injustice. Based upon the 
presumption of regularity in the conduct of governmental affairs 
and without evidence to the contrary, we must assume the 
applicant’s discharged was proper and in compliance with the 
appropriate directives. Therefore, based on the available 
evidence of record, we find no basis upon which to favorably 
consider this application. In the interest of justice, we 
considered upgrading the applicant’s discharge on the basis of 
clemency, however, there was no evidence submitted to compel us 
to recommend granting the request on that basis. Therefore, in 
the absence of evidence to the contrary, we find no basis upon 
which to recommend granting the relief sought. 

 

________________________________________________________________ 

 

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 AFBCMR Docket 
Number BC-2011-03437 in Executive Session on 7 June 2012, under 
the provisions of AFI 36-2603: 


 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 149, dtd 17 Aug 11, w/atch. 

Exhibit B. Letter, SAF/MRBC, dtd 14 Mar 12. 

Exhibit C. Letter, Applicant’s Response, dtd 7 Apr 12, w/atchs.