RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER:BC-2010-00529 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

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

 

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APPLICANT CONTENDS THAT: 

 

He was an honorable active duty Air Force enlisted man for 
12 years. He was not discharged for misconduct due to 
military service. He was discharged due to felony 
conviction in civilian court. He has been incarcerated 
since March 1991 and is scheduled for release due to 
completion of a 20 year sentence. 

 

The applicant’s complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

On 27 Dec 77, the applicant contracted his initial 
enlistment in the Regular Air Force. He was progressively 
promoted to the grade of staff sergeant having assumed the 
grade effective and with a date of rank of 1 Oct 83. 

 

On 21 Feb 89, the applicant’s commander notified him that he 
was recommending his discharge from the Air Force for a 
serious offense. The specific reason for the discharge 
action was he was convicted in civil court of a second 
degree felony kidnapping charge. He was sentenced to 50 
days in jail, $20,000.00 fine and 5 years probation. 

 

His commander advised him of his rights in this matter. 

 

On 17 Mar 89, he acknowledged receipt of the notification 
and after consulting with legal counsel, waived his rights 
associated with an administrative discharge board. 

 

On 24 Mar 89, the legal office reviewed the unconditional 
waiver and recommended acceptance of the unconditional 


waiver and discharge with a UOTHC discharge without 
probation and rehabilitation. 

 

The discharge authority directed a UOTHC discharge. 

 

He was discharged on 5 Apr 89. He served 11 years, 1 month 
and 17 days of active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative 
Report, which is at Exhibit C. 

 

On 17 Jun 10, a copy of the Investigative Report was 
forwarded to the applicant along with a request for post-
service documentation for review and response within 30 days 
(Exhibit D). 

 

In response for post-service documentation, the applicant 
requested clemency and provides three personal statements, 
college transcripts, and a diploma and a certificate 
(Exhibit E). 

 

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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 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. 
Based on the available evidence of record, it appears the 
discharge was consistent with the substantive requirements 
of the discharge regulation and within the commander's 
discretionary authority. The applicant has provided no 
evidence which would lead us to believe the characterization 
of the service was contrary to the provisions of the 
governing regulation, unduly harsh, or disproportionate to 
the offenses committed. We considered upgrading the 
discharge based on clemency; however, we do not find the 
evidence presented is sufficient to compel us 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 in this 
application. 


 

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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. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2010-00529 in Executive Session on 12 Aug 10, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 1 Feb 10. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 17 Jun 10, w/atch. 

 Exhibit E. Letter, Applicant, dated 30 Jun 10, w/atchs. 

 

 

 

 

 

 Panel Chair