RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04392

			COUNSEL:  NONE

			HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was supposed to be discharged based on hardship.  He wishes 
to have is discharge upgraded to be eligible for Department of 
Veterans Affairs (DVA) services.  He was not aware his discharge 
made him ineligible for DVA benefits.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records were apparently 
located in the area most heavily damaged in the fire at the 
National Personnel Records Center in 1973.  According to the 
applicant’s DD Form 214, Report of Separation from Active Duty, 
he commenced his enlistment in the Regular Air Force on 16 Oct 
74.  On 22 Apr 75, he was furnished a UOTHC discharge and was 
credited with six months and seven days of active service.

A request for post-service information was forwarded to the 
applicant on 3 Jun 14 for review and comment within 30 days 
(Exhibit C).  As of this date, no response has been received by 
this office.  

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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 an error or injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we find no evidence of an error or 
injustice that occurred in the discharge processing.  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.  In 
the interest of justice, we considered upgrading the discharge 
based on clemency; however, in the absence of any evidence for 
us to consider in determining whether or not the applicant’s 
activities since leaving the service are sufficient to overcome 
the misconduct for which he was discharged, we are not inclined 
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.

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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-2013-04392 in Executive Session on 10 Jul 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

?
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-04392 was considered:

	Exhibit A.  DD Forms 149, dated 4 Sep 13.
	Exhibit B.  Applicant's Available Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, 3 Jun 14, w/atch. 




                                   Panel Chair