RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01841 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His other than honorable conditions (UOTHC) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged because his bank account was overdrawn for a small amount of $20. He does not feel this was justification for discharge. He is not applying for benefits, but rather to feel better about himself and the time served in the Air Force. In support of his request, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 12 Oct 59. Available records reflect the applicant was notified of pending discharge action on 2 Mar 62. Specifically, the commander cited frequent involvement of a discreditable nature with military authorities and an established pattern of dishonorably failing to pay just debts as the bases for discharge. The applicant consulted counsel, waived his rights to a board hearing and to submit statements in his own behalf. The applicant’s misconduct included a Special Court Martial, for wrongful appropriation of government equipment, an Article 15, Record of Nonjudicial Punishment, for disobeying a lawful order, driving with an expired base registration, speeding, multiple instances of failing to pay debts, and appearance and attitude infractions. The staff judge advocate found the discharge legally sufficient, and on 14 Mar 63, the discharge authority directed discharge. The applicant was discharged with a UOTHC discharge on 4 Apr 62. Pursuant to the Board’s request, the Federal Bureau of Investigations (FBI), states they were unable to identify an arrest record on the basis of the information furnished. A request for post-service information was forwarded to the applicant on 8 Sep 10 for a response within 30 days (Exhibit C). As of this date, not response has been received. _________________________________________________________________ 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. _________________________________________________________________ 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. _________________________________________________________________ The following members of the Board considered Docket Number BC-2010-01841 in Executive Session on 23 November 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Apr 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 8 Sep 10. Panel Chair