ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1993-06327
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge (UOTHC) be upgraded to
honorable.
________________________________________________________________
RESUME OF CASE:
The applicant submitted a similar request dated 12 Oct 93. On 24 Nov 94
and 15 Mar 95, the Board denied the applicant’s request based on the
information contained in the Air Force Discharge Review Board (AFDRB) brief
and absent persuasive evidence that he was denied rights to which he was
entitled, appropriate regulations were not followed, or appropriate
standards were not applied (Exhibit F).
In his latest application, dated 5 Feb 10, the applicant states he
performed honorably and meritoriously during his entire military service.
He entered military service as a college graduate and was selected as
Airman of the Month and Airman of the Quarter. He received excellent
annual performance reviews throughout his enlisted time. He was selected
in the Medical Service Corps (Reserves) and commissioned as a 2nd Lt in Apr
79. He was eventually promoted to Capt before his discharge in 1984.
In Nov 82, he and three others entered in an after-hours venture selling
gas additives which was authorized by his clinic commander and base
Personal Affairs Office. An investigation was conducted and it was
determined the actions were legal; however, he was asked to discontinue the
operation. He declined to stop because he was too financially invested in
the venture.
Soon after, he was investigated and several charges were made against him.
His counsel stated he could not be of much help but recommended he take his
case to trial. After six months of not being able to take leave or visit
his family, he requested an honorable discharge but was offered an UOTHC
discharge.
He takes full responsibility for his immaturity and bad judgment decisions;
however, he feels an UOTHC discharge was not warranted. He conduct was not
willful and persistent. He received an honorable discharge for his
enlisted time and would like his entire service time to be considered as
honorable.
In support of his reconsideration request, the applicant submits his
statement and copies of documents from his initial application.
The applicant’s complete submission, with attachments, is at Exhibit G.
________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful review of the applicant’s reconsideration request and the
documentation submitted in support of his appeal, we are not persuaded the
Board's original decision should be overturned. 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. We considered upgrading the
discharge based on clemency; however, we do not find the evidence presented
is sufficient to compel us to recommend granting the relief sought on this
basis. Therefore, in the absence of evidence to the contrary, we find no
basis upon which to recommend granting the relief sought. Nevertheless,
should the applicant provide more recent post-service information, we would
be willing to reconsider his appeal.
________________________________________________________________
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 17 Nov 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR Docket Number
BC-1993-06327:
Exhibit F. Record of Proceedings, dated 5 Apr 95, w/atchs.
Exhibit G. DD Form 149, dated 5 Feb 10, w/atchs.
Panel Chair
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