RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02112

			COUNSEL:  NONE

			HEARING DESIRED:  YES 



APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable.


APPLICANT CONTENDS THAT:

He and another airman held-up a couple one weekend and were 
subsequently arrested and jailed.  He did not have his rights 
explained and did not understand the consequences of accepting 
an undesirable discharge in lieu of a court-martial.

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


STATEMENT OF FACTS:

The applicant commenced his service with the Regular Air Force 
on 11 Apr 56.

On 24 Dec 59, the applicant was furnished an UOTHC discharge, 
and was credited with three years, six months, and six days of 
active service.  A copy of the applicant’s discharge package is 
not available; therefore, the circumstances surrounding his 
discharge could not be verified.

On 4 Aug 14, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
In response, the applicant provides a copy of a Federal Bureau 
of Investigation search of fingerprints and employment 
information describing his activities since leaving the service 
(Exhibit D).


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.  Due to the 
limited records available and based upon the presumption of 
regularity in the conduct of governmental affairs, we must 
assume that the applicant’s discharge was proper and in 
compliance with appropriate directives.  We find no evidence of 
error or injustice in the available records and without evidence 
to support the applicant’s appeal we find no basis upon which to 
favorably consider this application.  Therefore, in view of the 
foregoing, we conclude that no basis exists upon which to 
recommend favorable action on his request.  In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, we do not find the evidence presented is 
sufficient for us to conclude that the applicant’s post-service 
activities 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. 

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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-2014-02112 in Executive Session on 25 Feb 15, under 
the provisions of AFI 36-2603:
	
The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02112 was considered:

	Exhibit A.  DD Form 149, dated 16 May 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 27 May 14, w/atch.
	Exhibit D.  Letter, Applicant, dated 4 Aug 14.