RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05839

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

________________________________________________________________

APPLICANT CONTENDS THAT:

The misconduct he committed was minor and should not taint his 
ten years of service.

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

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STATEMENT OF FACTS:

On 11 May 73, the applicant commenced his enlistment in the 
Regular Air Force (RegAF).

On 27 May 83, the applicant’s commander notified him he was 
recommending his discharge from the Air Force for minor 
disciplinary infractions and drug abuse.  The specific reasons 
for the discharge action were that he received a Letter of 
Reprimand (LOR) for uttering checks with insufficient funds, 
four Article 15s for failing to report for duty at the 
prescribed time, uttering checks with insufficient funds, and 
wrongful use of marijuana.

On 27 May 83, the applicant acknowledged receipt of the 
notification and, after consulting with legal counsel, counsel 
submitted a statement on the applicant’s behalf.  On 31 May 83, 
the applicant waived his right to an administrative discharge 
board.

On 2 Jun 83, the legal office reviewed the case and found it 
legally sufficient and recommended the applicant be furnished a 
UOTHC discharge without probation and rehabilitation.

The discharge authority concurred with the findings and 
recommendation and directed the applicant’s discharge.  On 
3 Jun 83, the applicant was furnished a UOTHC discharge and was 
credited with 10 years and 23 days of total active service.

On 4 Sep 13, a request for post-service information was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office.

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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 an 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.  In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, in the absence of any evidence related to the 
applicant’s post-service activities, there is no way for us to 
determine if the applicants accomplishments since leaving the 
service are sufficient to 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.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-05839 in Executive Session on 22 Oct 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 11 Dec 12, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFBCMR, dated 4 Sep 13, w/atch.




                                   
                                   Panel Chair