RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01148
		COUNSEL:  
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

His commanding officer blatantly lied to him regarding his 
character of service.  He was told that he would receive a 
general (under honorable conditions) discharge; however, he 
received a UOTHC.

In support of the applicant’s appeal, he provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 1 October 
1970.

The applicant was notified by his commander of his intent to 
recommend that he be discharged from the Air Force under the 
provisions of AFM 39-12.  The specific reason is the applicant’s 
frequent involvement of a discreditable nature with civil and 
military authorities.  He received two Article 15s for failure 
to go and for being absent without leave (AWOL); he was found 
guilty by a Special Court-Martial for being AWOL and uttering 
three bad checks; he received Letters of Reprimand (LORs) and a 
Letter of Admonishment for being AWOL, for being out of the 
proper uniform and failing to go to appointed place of duty on 
several occasions, and for wearing the improper uniform.




He was advised of his rights in this matter.  In a legal review 
of the case file, the staff judge advocate found the case 
legally sufficient and recommended discharge.  The discharge 
authority concurred with the recommendation and directed the 
applicant be discharged.  The applicant was discharged on 26 
October 1972 with a UOTHC discharge.  He served 1 year, 11 
months and 24 days on active duty.

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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 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, based on the evidence before us, we find no 
basis to grant clemency at this time.  Therefore, in the absence 
of evidence to the contrary, we find no basis upon which to 
recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2013-01148 in Executive Session on 14 November 2013, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 20 February 2013.
  Exhibit B.  Applicant’s Master Personnel Records.





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