RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03681 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded. _________________________________________________________________ APPLICANT CONTENDS THAT: His punishment was extreme. His character of service was excellent up to the time of his discharge. He served honorably and was promoted to grade of E-4 in under two years. He had a high-level security clearance and was stationed at bases responsible for guarding nuclear weapons. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 5 Nov 70, the applicant enlisted in the Regular Air Force. On 26 Sep 74, the applicant was discharged from service and issued an UOTHC discharge certificate. He served 3 years, 6 months and 13 days on active duty. He had 133 days of lost time due to confinement. On 29 Aug 77, the Air Force Discharge Review Board (AFDRB) denied a similar request by the applicant. The documents pertaining to the applicant’s discharge are contained in the AFDRB Hearing Record at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. DPSOR states that based on the documentation on file in his master personnel record, 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. In addition, the applicant did not submit any evidence of an error or injustice that occurred during the discharge processing to warrant a change to his characterization of service. The complete DPSOR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 Dec 12 and 16 Apr 13, for review and comment within 30 days. As of this date, this office has received no response (Exhibit D). _________________________________________________________________ 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. After careful consideration of the available evidence, we found no indication that the actions taken to affect his discharge and characterization of his service were improper, contrary to the provisions of the governing regulations in effect at the time, or based on factors other than his own misconduct. In the interest of justice, we considered upgrading his discharge based on clemency; however, the applicant has provided no information pertaining to his post-service activities and accomplishments to warrant such consideration. Should he provide documentary evidence pertaining to his activities since leaving the service, we would be willing to reconsider his request. In the absence of evidence to the contrary, we find no basis upon which to favorably consider this application. _________________________________________________________________ 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 AFBCMR Docket Number BC-2012-03681 in Executive Session on 30 May 13, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2012-03681: Exhibit A. DD Form 149, dated 14 Aug 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 28 Nov 12. Exhibit D. Letter, SAF/MRBR, dated 21 Dec 12. Exhibit E. Letter, AFBCMR, dated 16 Apr 13. Panel Chair