RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00887 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to Honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He had a heart problem at the time of his induction that was not detected. Due to his heart condition, he was not able to keep up with the strenuous lifestyle of the Air Force. His attorney told him his discharge would be upgraded six months following his release from service. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 27 Sep 68. The applicant’s commander initiated an action to discharge him because of his frequent involvement of a discreditable nature with civil or military authority. The basis of this action was as follows: a. On 22 Nov 68, the applicant’s commander issued him nonjudicial punishment (Article 15) under the Uniform Code of Military Justice (UCMJ) for being absent without authority from 18 Nov 68 through 20 Nov 68. His punishment consisted of seven days of correctional custody, forfeiture of $23.00 per month for one month, and a reduction to the grade of airman basic (E-1), which was suspended for 90 days. b. On 13 Jan 69, the applicant’s commander vacated the suspended reduction to the grade of airman basic (E-1) due to him being absent without authority from 3 – 6 Jan 69. c. On 24 Jan 69, the applicant’s commander issued him a second Article 15 under the UCMJ for being absent without authority from 3 Jan 69 through 6 Jan 69 and 13 Jan 69 through 20 Jan 69. His punishment consisted of confinement to correctional custody for 30 days and forfeiture of $51.00 per month for two months. d. On 3 Feb 69, the applicant escaped from correctional custody in violation of Article 134 of the UCMJ, and was later apprehended. It was also noted that subsequent to the initiation of the discharge action the applicant admitted to the Chief, Psychiatric Clinic, that he was a homosexual, a fact which was corroborated by the Office of Special Investigation (OSI). During the OSI investigation, the applicant stated “quite forthrightly that he is confessing that he is a homosexual at this point because he wants out of the service.” On 14 Feb 69, the case was reviewed and determined to be legally sufficient. On 27 Feb 69, the discharge authority directed that the applicant be discharged and furnished an Undesirable Discharge. On 3 Mar 69, the applicant was furnished a UOTHC discharge and was credited with 4 months and 25 days of active service. On 12 Oct 71, the Air Force Discharge Review Board (AFDRB) reviewed the applicant’s request to upgrade his discharge, but denied the request because the facts of record in his case did not warrant changing the type of discharge. On 3 Dec 13, a request for post-service information was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 in the discharge process. Based on the available evidence of record, it appears the applicant’s Under Other Than Honorable Conditions (UOTHC) discharge for frequent involvement of a discreditable nature with civil or military authorities was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. He has provided no evidence which would lead us to believe the characterization of his service was improper or contrary to the provisions of the governing directive. While we note that the evidence of record indicates the applicant made a homosexual admission subsequent to the initiation of discharge proceedings, the basis for the discharge action was the applicant’s misconduct, not his homosexual admission. Therefore, in view of the fact that the applicant’s misconduct, irrespective of his homosexual admission, formed more than an adequate basis for his UOTHC discharge, it would not be appropriate for this Board to upgrade the applicant’s characterization of service based on the repeal of the law known as “Don’t Ask, Don’t Tell” (DADT). In the interest of justice, we considered upgrading the applicant’s discharge based on clemency. However, in the absence of any evidence pertaining to the applicant’s activities since leaving the service, we find no basis to recommend granting the requested relief on that basis. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s Undesirable discharge. ________________________________________________________________ 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-2013-00887 in Executive Session on 23 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Feb 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFBCMR, dated 3 Dec 13, w/atch. 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