RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00411 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

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APPLICANT REQUESTS THAT: 

 

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

 

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APPLICANT CONTENDS THAT: 

 

The applicant provides no contentions. 

 

The applicant's complete submission is at Exhibit A. 

 

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STATEMENT OF FACTS: 

 

On 5 Oct 71, the applicant entered the Regular Air Force. 

 

On or about 28 Feb 72, the applicant assaulted another airman by 
pointing a .22 caliber starter pistol at him. The applicant 
received an Article 15, Record of Nonjudicial Punishment 
Proceedings, Uniform Code of Military Justice (UCMJ). His 
punishment consisted of a forfeiture of $100 per month for two 
months and a suspended reduction in grade to airman basic until 
9 Oct 72. 

 

On or about 3 Nov 72, the applicant failed to go to his 
appointed place of duty. He received an Article 15 and his 
punishment consisted of a reduction in grade to airman and a 
suspended forfeiture of $50 per month for two months until 1 May 
73. 

 

On or about 7 May 73, the applicant failed to go at the time 
prescribed to his appointed place of duty. The applicant 
received an Article 15 and his punishment consisted of a 
forfeiture of $50 per month for two months and a suspended 
reduction in grade to airman basic until 1 Nov 73. 

 

On 7 Mar 74, the applicant was tried and found guilty by Special 
Court-Martial for possessing 267 grams, more or less, of 
marijuana. He was sentenced to a bad conduct discharge, 
reduction in grade to airman basic, and forfeiture of $100 per 
month for three months. On 2 Apr 74, the sentence was adjudged. 

 


On 19 Sep 75, the applicant was discharged with a UOTHC 
discharge. He is credited with 3 years, 11 months, and 15 days 
of active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigations (FBI) provided an investigative report, which is 
at Exhibit C. On 21 Mar 11, a copy of the report and a request 
for post-service information was forwarded to the applicant for 
a response within 30 days (Exhibit D). As of this date, this 
office has not received a response. 

 

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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 note that this 
Board is without authority to reverse, set aside, or otherwise 
expunge a court-martial conviction. Rather, in accordance with 
Title 10, United States Code, Section 1552(f), actions by this 
Board are limited to corrections to the record to reflect actions 
taken by the reviewing officials and action on the sentence of the 
court-martial for the purpose of clemency. We also find no 
evidence which indicates the applicant’s service characterization, 
which had its basis in his conviction by special court-martial and 
was a part of the sentence of the military court, was improper or 
that it exceeded the limitations set forth in the Uniform Code of 
Military Justice (UCMJ). We also find insufficient evidence to 
warrant a recommendation that the discharge be upgraded on the 
basis of clemency. We have considered the applicant's overall 
quality of service, the events which precipitated the discharge and 
available evidence related to his post-service activities and 
accomplishments. We do not believe that clemency is warranted at 
this time. Therefore, based on the available evidence of record, 
we find no basis upon which to favorably consider 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 Docket Number 
BC-2011-00411 in Executive Session on 21 July 2011, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 11 January 2011. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 3 April 2011. 

 Exhibit D. SAF/MRBC, Letter, dated 21 March 2011. 

 

 

 

 

 Panel Chair