RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01624

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to Honorable.  

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APPLICANT CONTENDS THAT:

He was not kicked out of the Air Force.  He volunteered to take a UOTHC discharge as a reason for early separation because the Korean War ended and the Air
 Force was told to cut back on personnel.  At the time he was told that after six months his discharge would be changed to Honorable if he wrote in.  The
 First Sergeant lied, and he believed him.  He didn’t pass his physical and they said he did.  The three letters written against him were all lies.  

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant initially entered the Air Force on 26 Mar 52.  The applicant’s military personnel records were apparently located in the area most heavily
 damaged in the fire at the National Personnel Records Center (NPRC) in 1973.  Therefore, the circumstances surrounding his discharge could not be verified.

According to available records, on 7 Apr 54, the applicant was furnished a UOTHC discharge and was discharged in the grade of Airman Basic (E-1).  The
reason listed for the action was “unfitness.” 

On 10 Feb 14, a request for post-service information was forwarded to the applicant for review and comment within 30 days.  In response, the applicant
 provided a character reference, a personal narrative of his time in the Air Force, and the prescription for his glasses (Exhibit C).

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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.  We took notice of the applicant’s 
complete submission, to include his rebuttal response to the advisory opinion, in judging the merits of this case; however, we find no evidence of an error 
or injustice that occurred in the discharge process.  We note the applicant’s military personnel records are not available for our 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, we must assume the applicant’s discharge, to include his service characterization and narrative 
reason for separation, 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 sufficient evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since 
leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged.  Therefore, in the absence of evidence to the
 contrary, we find no basis to recommend granting the relief sought.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2013-01624 in Executive Session on 18 Mar 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Mar 13, w/atchs.
	Exhibit B.  Applicant's Available Personnel Records.
	Exhibit C.  Letter, SAF/MRBC, dated 10 Feb 14.
	Exhibit C.  Letter, Applicant, undated.  
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