0RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03557 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His chain of command led him to believe that an undesirable 
discharge was in his best interest and his discharge would be 
upgraded to honorable in six months. He learned he did not have 
Veterans Affairs (VA) benefits in 1980 due to the type of 
discharge he received. While serving in the Air Force, he began 
to feel inadequate, alone, and in a state of confusion, and then 
started abusing drugs and alcohol in order to feel better. After 
confiding with his company commander concerning his problems, the 
commander gave him false information and misguidance. He was 
advised that if he were to seek help he would ultimately be 
kicked out of the service. He believes had he been given the 
proper counseling he would not have signed the discharge papers 
and could have received treatment for his mental health issues. 
He has since received counseling and discovered the incidents 
that occurred while he was serving in the military directly 
relate to the reason he developed bi-polar depression, alcohol 
and drug dependency, authority issues, and anxiety problems over 
the years. He was young and impressionable, naive, and 
idealistically vulnerable at that time in his life. He hopes 
this mistake can be corrected. 

 

In support of his request, the applicant provides a personal 
statement and a copy of a cover letter. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 2 Apr 72. 
The applicant was notified by his commander that he was 
recommending him for discharge from the Air Force under the 
provisions of AFM 39-12, para 2-15a, section B, for having a 


constant record of failures to repair. All rehabilitation 
measures failed to make him a productive airman to include 
Article 15s; control roster action, branch/section/supervisor 
changes and numerous counseling sessions. After a legal review 
of the case, the staff judge advocate found it legally 
sufficient. The applicant received a UOTHC discharge after 
serving 1 year, 3 months, and 7 days on active duty. 

 

The Air Force Discharge Review Board (AFDRB) reviewed the 
applicant’s request for an upgrade to his discharge on two 
different occasions; however, the AFDRB denied his requests. 

 

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 23 Dec 10, a copy of the FBI report 
was forwarded to the applicant for review and comment within 30 
days. As of this date, no response has been received by this 
office. 

 

On 22 Dec 10, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. In response to our request, applicant provided 
post-service information, which is attached at Exhibit E. 

 

_________________________________________________________________ 

 

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. After 
careful consideration of the available evidence, we found no 
indication the actions taken to effect his discharge were 
improper or contrary to the provisions of the governing 
regulations in effect at the time, or the actions taken against 
the applicant were based on factors other than his own 
misconduct. In addition, in view of the contents of the FBI 
Report we are not persuaded that the characterization of the 
applicant’s discharge warrants an upgrade to honorable on the 
basis of clemency. Having found no error or injustice with 
regard to the actions that occurred while the applicant was a 
military member, we conclude that no basis exists to grant 
favorable action on his request. 

 

_________________________________________________________________ 

 

 

 


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 this application in 
Executive Session on 3 Mar 11 and 9 Mar 11, under the provisions 
of AFI 36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 17 Aug 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 22 Dec 10. 

 Exhibit E. Letter, Applicant, dated 24 Feb 11. 

 

 

 

 

 

 Panel Chair