RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04232 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) characterization of service be upgraded to honorable or at least general, under honorable conditions. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not granted a quick and speedy trial by court-martial. Instead, he was given menial tasks to perform with no income for approximately nine to ten months. He was not restricted or confined but it had the same effect because he had no income. He finally conceded defeat and accepted the discharge because he could not take that kind of treatment any longer. He lost several months of pay and lost all his accrued leave and his veteran’s benefits. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: 1. According to documents extracted from his military personnel record the applicant initially enlisted in the Regular Air Force on 12 March 1984. 2. On 14 January 1987, court-martial charges were preferred against the applicant, alleging that he presented a false claim by failing to disclose that he had received $1,850.00 in advance payments in conjunction with his Temporary Duty (TDY) assignment. He was also charged with theft of $1,850.00, resulting from the overpayment of the TDY funds due to his concealing receipt of advance payments upon the completion of his TDY. 3. On 30 March 1987, after consultation with legal counsel, the applicant submitted a letter of request for discharge under the provisions of AFM 39-10, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship, January 3, 1977, Chapter 4, in lieu of trial by court-martial. In the letter, the applicant confirmed he understood the elements of the offenses as well as received copies of the documents pertaining to the offenses with which he was charged. He further stated that he understood that if his request was approved he may be discharged under other than honorable conditions. 4. On 3 April 1987, the applicant’s commander recommended the request for discharge be approved and the applicant be furnished an under than honorable conditions discharge. Subsequent to the file being found legally sufficient, the discharge authority approved the request for discharge and directed the applicant be discharged with an under other than honorable conditions characterization of service. The applicant was released from active duty on 30 April 1987, and credited with 3 years, 1 month and 19 days of active duty service. 5. On 7 December 1998, the applicant submitted an appeal for upgrade of his discharge to the Air Force Discharge Review Board (AFDRB). The applicant was offered and declined a personal appearance before the AFDRB. The AFDRB found no evidence to substantiate the applicant’s contention that he was unjustly accused of charges which led to his discharge. They concluded that the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process. The applicant did not establish the existence of factors rendering his discharge improper or inequitable and no such factors were discovered by the AFDRB. On 24 May 1999 the applicant was advised that since his case was denied by the AFDRB he had the right to appeal, in person, to the AFDRB or submit an application to the Air Force Board for Correction of Military Records (AFBCMR). 6. On 2 April 2013, the applicant was given an opportunity to submit comments regarding his post service activities (Exhibit C). To date, a response has not 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 during the discharge process. 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, or unduly harsh. In the interest of justice, we considered upgrading the discharge based on clemency; however, there was no evidence submitted 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. ________________________________________________________________ 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 this application in Executive Session on 29 May 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-04232 was considered: Exhibit A. DD Form 149 dated 24 August 2012 w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 2 April 2013. Panel Chair AFBCMR 1500 West Perimeter Road Joint Base Andrews NAF Washington, MD 20762 Dear: Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2012-04232. After careful consideration of your application and military records, the Board determined that the evidence you presented did not demonstrate the existence of material error or injustice. Accordingly, the Board denied your application. You have the right to submit newly discovered relevant evidence for consideration by the Board. In the absence of such additional evidence, a further review of your application is not possible. BY DIRECTION OF THE PANEL CHAIR Chief Examiner Air Force Board for Correction of Military Records Attachment: Record of Board Proceedings DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary