DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

Office of the Assistant Secretary 

AFBCMR 97-01994 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for Correction 

of Military Records and under the authority of Section 1552, Title 10, United States Code (70A 
Stat 116), it is directed that: 

records of the  Department of the Air  Force relating t-, 
corrected to show that on 28 June  1982, he  was discharged with 
a1 (under honorable conditions). 

t 

Air Force Review Boards Agency 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

AUG 3 11998 

IN THE MATTER OF: 

DOCKET NUMBER:  97-01994 
COUNSEL:  NONE 
HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT: 

His  discharge  be  upgraded  to  honorable  or  general,  under 
honorable conditions. 

APPLICANT CONTENDS THAT: 

His under  other  than honorable  conditions  (UOTHC) discharge  is 
something  he  is  very  ashamed  of  now.  He  hasn't applied  for 
employment at companies which might request his military records 
for  fear  someone  will  judge  him  now  for  what  he  was  then. 
Applicant states that he does not want to hide the fact that he 
was in the service -  he still believes serving his country was an 
honor and privilege.  He is sure he abused this privilege to some 
degree, but 14 years is a long time with something like this over 
you head. 

In support of his appeal, applicant submits a copy of his DD Form 
214, a letter and certificate of  training fron  a Florida county 
school  and,  a  certificate  of  membership  in  Phi  Theta  Kappa 
Society. 

Applicant's submission is attached at Exhibit A 

STATEMENT OF FACTS: 

Applicant enlisted in the Regular Air Force on 12 December 1978 
for a period of four (4) years in the grade of airman basic. 
Applicant was promoted to the grade of  airman  (E-2) on 12 June 
1979 and subsequently t o  the grade of airman first class (E-3) on 
12 December 1979.  He was demoted to the grade of airman basic on 
9 December 1981 by an Article 15 action. 
On 1 February 1982, while  serving in the grade of  airman basic, 
applicant's Squadron Commander notified him  (applicant) that  he 
was  initiating action to discharge applicant from the U. S. Air 
Force because  of  frequent involvement of  a discreditable nature 

with  military  authorities. 
A  discharge  Under  Other  than 
Honorable Conditions  (UOTHC) was recommended.  The reasons cited 
by  the  Squadron  Commander  were: 
(a)  On  21  February  1980 
applicant received a Letter of Reprimand for failing to report to 
his appointed place of duty.  (b)  On 24 March 1980 he received 
an Article  15 for failing to go at  the  time  prescribed  to  his 
appointed place of duty.  Punishment was a forfeiture of $100.00, 
however  the  forfeiture in excess of  $50.00 was  suspended until 
1 September 1980.  (c)  On 1 3   February 1981 applicant received an 
Article  15 for wrongfully having possession of  some quantity of 
marijuana  and wrongfully appropriating kitchen equipment valued 
at  $217.00.  Punishment was  suspended reduction  to  Airman  and 
forfeiture of $120.00 per month for two months.  (d)  On 1 9   March 
1981 applicant was entered on the control roster for failing to 
maintain the standards required of a military member and received 
two  Article  15  actions  within  a  one-year  period. 
(e)  On 
9 December  1981 he  received  an Article  15  for  improper/illegal 
use  of  drugs.  Punishment  was  reduction  to  Airman  Basic  and 
forfeiture of $60.00 per month for two months. 
Applicant  acknowledged receipt of  the Notification of  Discharge 
action on 1 February 1982. 
Applicant  received an additional Article 15 on 1 March  1982 for 
failing to obey a lawful order. 
On  23  March  1982, applicant  was  notified  of  an Administrative 

~ 

on 30 March 1982 a 

The Administrative Discharge Board  (ADB) found that applicant had 
been  frequently  involved with  civil  or military  authorities  in 
matters  of  a  discreditable  nature  as  evidenced  by  the  reasons 
stated by  the Squadron Commander.  However, the ADB  deleted the 
applicant's placement  on the Control Roster for having received 
two Article 15 actions within a one-year period. 

The final legal review by the Staff Judge Advocate  (SJA), 
Air 
Force, dated 10 June 1982, stated that the record of proceedings 
reveals no  errors or  irregularities which  materially  prejudice 
the substantial rights of the applicant. 
Applicant was discharged on 28 June 1982 under the provisions of 
AFM  39-12  (Misconduct-Frequent Involvement  of  a  Discreditable 
Nature)  with  an  Under  Other  than  Honorable  Conditions  (UOTHC) 
discharge.  He  served  3  years, 6  months  and  17 days  of  active 
military service. 
Pursuant  to  the  request  of  the  Board,  the  Federal  Bureau  of 
Investigation, Washington, D. C., indicated that, on the basis of 
data furnished, they are unable to locate an arrest record. 

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AIR FORCE EVALUATION: 
The  Military  Personnel  Management  Specialist,  HQ  AFPC/DPPRS, 
states that  record of  the  final discharge  action taken by  the 
discharge  authority  is  not  on  file  in  the  applicant's master 
personnel  record,  however,  the  DD  Form  214,  Certificate  of 
Release  or  Discharge  From  Active  Duty,  on  file  indicates 
applicant  was  discharged  effective  28  June  1982  with  a  UOTHC 
AFPC/DPPRS  states  that  there  are  no  errors  or 
discharge. 
irregularities  in  the  processing  for  separation  causing  an 
injustice to  the  applicant.  The discharge was  consistent with 
the  procedural  and  substantive  requirement  of  the  discharge 
regulation  and  was  within  the  discretion  of  the  discharge 
authority.  They recommend the applicant's request be denied. 
A copy of the Air Force evaluation is attached at Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

Applicant  submitted  responses  and  attaches  a  resume  of 
professional  experience  and  education,  letters  of  character 
reference and, grade transcript from a Junior College. 

A copy of the applicant's response, with attachment, is attached 
at Exhibit E. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
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 .   Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  probable  error  or  injustice.  It 
appears that responsible officials applied appropriate standards 
in  effecting  the  applicant's separation,  and  we  do  not  find 
persuasive evidence  that pertinent regulations were violated  or 
that  the  applicant  was  not  afforded  all  the  rights  to  which 
entitled at the time of discharge.  However, after reviewing the 
supporting  documentation  submitted  with  this  application,  and 
noting  the  incidents  that  led  to  the  applicant's separation, 
which were relatively minor, we feel that under the circumstances 
the  under  other  than honorable  conditions  (UOTHC) discharge  he 
received  was  somewhat  harsh. 
We  also  note  that  at  the 
applicant's administrative  discharge  board  hearing,  there  were 
several  individuals  who  felt  that  the  UOTHC  discharge  was 
inappropriate  based  on  their  knowledge  of  the  applicant  and, 
would  not  mind  having  the  applicant  work  for  them  again. 

3 

Although the applicant requested that he receive an honorable or 
general discharge, we do not feel an honorable discharge would be 
appropriate. 
However,  we  do  believe  that  a  general  under 
honorable  conditions  discharge  would  be  more  appropriate  as  a 
matter of equity and on the basis of clemency, and recommend his 
discharge be  upgraded  to general.  Therefore, we  recommend his 
records be corrected to the extent indicated below. 

THE BOARD RECOMMENDS THAT: 
The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that on 28  June 1982, 
he  was  discharged with  service characterized as general  (under 
honorable conditions). 

The following members of the Board considered this application in 
Executive Session on  23  July 1 9 9 8 ,   under the provisions  of AFI 
3 6 - 2 6 0 3 :  

Ms. Martha Maust, Panel Chair 
Mr. Robert W. Zook,  Member 
Mr. Kenneth L. Reinertson, Member 

All  members voted  to correct  the records, as recommended.  The 
following documentary evidence was considered: 

Exhibit A.  DD Form 149, dated 3 0   Sep 97,  w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, HQ AFPC/DPPRS, dated 23 Oct 9 7 .  
Exhibit D.  Letter, AFBCMR, dated 10 Nov 97. 
Exhibit E.  Applicant's Letter, dated 2  Dec 97,  w/atchs. 

Panel Chair 

4 

U.S. AIR FORCE B 

1 9 4 7  -  1 9 9 7  

DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS AIR FORCE PERSONNEL CENTER 

RANDOLPH AIR FORCE BASE TEXAS 

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPCDPPRS 

550 C Street West Ste 11 
Randolph AFB TX  78150-4713 

m7- 2  3  1997 

The applicant, while serving in the grade of airman basic, was discharged from the Air Force 

28 Jun 82 under the provisions of AFM 39-12 (Misconduct-Frequent Involvement of a 
Discreditable Nature) with an under other than honorable conditions discharge.  He served 03 
years 06 months and 17 days total active service. 

Requested Action.  The applicant is requesting upgrade of his discharge to honorable.  He 

states he would accept a general (under honorable conditions). 

Basis for Request.  Applicant claims his under other than honorable discharge was inequitable. 
Through his counsel he asked for a court-martial in light of information that he would be charged 
with various offenses he knew not to be true.  He states the under other than honorable conditions 
discharge was excessive.  He claims he signed a waiver to be released from the Air Force long 
before counsel advised him that he risked such a discharge. 

Facts.  Applicant was notified by his commander on 01 Feb 82, that he had initiated 

involuntary discharge action against him for frequent involvement of a discreditable nature with 
military authorities.  The commander indicated the action was being taken because during the 
period of 2 1 Feb 80 and 09 Dec 8 1 he had received three Art  15s for failure to go, possession of 
marijuana and for wrongfully appropriating kitchen equipment valued at $217.00.  In addition, he 
received a Letter of Reprimand for failure to report and was placed on the control roster.  A 
board of officers convened on 30 Mar 82 found the applicant subject to discharge, recommending 
an under other than honorable conditions discharge without probation and rehabilitation. 
Because of the recommended character of discharge, the discharge approval authority would be 
the Numbered Air Force (GCM authority).  The case was reviewed by the base legal office and 
Numbered Air Force legal staff and was found legally sufficient to support separation.  Record of 
the final discharge action taken by the discharge authority is not on file in the applicant’s master 
personnel record, however, the DD Form 214 on file indicates applicant was discharged effective 
28 Jun 82 with an under other than honorable conditions discharge. 

Discussion.  This case has been reviewed for separation processing and there are no errors or 

irregularities causing an injustice to the applicant.  The discharge complies with directives in 
effect at the time of his discharge.  The records indicate his military service was reviewed and 
appropriate action was taken. 

Recommendation. Applicant did not identify any specific errors in the discharge processing 

nor provide facts which warrant an upgrade of the discharge he received. The discharge was 
consistent with the procedural and substantive requirement of the discharge regulation and was 
within the discretion of the discharge authority.  Applicant was afforded due process as required 
by law and regulation.  Accordingly, we recommend applicant's request be denied.  He has not 
filed a timely request. 

Military Personnel Mgmt Spec 
Separation Branch 
Dir of Personnel Program Management