RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04498 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. 2. His records be corrected to reflect his correct service number. ________________________________________________________________ APPLICANT CONTENDS THAT: 1. He was discriminated against and the circumstances surrounding his discharge were unfair. Although he was discharged for the possession of marijuana, he was told that he would receive an honorable discharge within six months of his separation. For more than 25 years he has tried to have his records corrected, but to no avail. He was led to believe there was nothing that could be done because his military records were destroyed by fire. 2. His service number may have been transposed in his military records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records were located in the area most heavily damaged in the fire at the National Personnel Records Center (NPRC) in 1973. The applicant provided a NA Form 13038, National Archives and Records Administration, which indicates he enlisted in the Regular Air Force on 31 March 1955 and served on active duty until he was furnished a UOTHC discharge on 8 August 1957. On 4 June 2013, a request for post-service information was forwarded to the applicant for 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 probable error or injustice. According to officials at NPRC, the applicant’s records were destroyed by fire in 1973 at the NPRC. 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, we must assume the applicant’s discharge and service characterization were proper and in compliance with the directive under which it was effected. Other than his own assertions, the applicant has presented no evidence to indicate otherwise. In the interest of justice, we considered upgrading the discharge based on clemency; however, in the absence of any evidence of a successful post-service transition, we are not inclined to recommend granting relief upon this basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend the relief sought in this application. In regards to the applicant’s assertion that his records reflect an incorrect service number, we note the applicant’s available personnel records correctly reflect his service number. However, it appears his service number was transposed on the Certification of Military Service document he submitted. Since this is not an official Air Force document, but one generated by NPRC, the Board has no authority to correct it. Therefore, in view of the above, we find no basis to recommend granting the requested relief. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2012-04498 in Executive Session on 9 July 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 September 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 4 June 2013.