RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-02864
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He wants to receive medical benefits or use the Veterans Affairs facility.
He has been a model citizen over the past 28 years since his discharge and
feels an upgrade would be beneficial.
In support of his request, the applicant submits copies of his DD Form 214,
Certificate of Release or Discharge from Active Duty and a letter from his
senator.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 Feb 76. He was
progressively promoted to the grade of sergeant having assumed that grade
effective and with a date of rank of 1 Feb 80. On 15 Apr 80, his
noncommissioned officer status was vacated and he was reduced to the rank
of senior airman.
On 21 Apr 81, his commander notified him that he was recommending his
separation from the Air Force under the provisions of Air Force Manual 39-
12, Separation for Unsuitability, Misconduct, Resignation, or Request for
Discharge for the Good of the Service and Procedures for the Rehabilitation
Program, Chapter 2, para 2-15a.
The specific reasons were as follows:
1) On 7 Feb 80, the applicant failed to progress in the weight
control program. For this offense he received a Letter of Reprimand (LOR).
2) On 12 Mar 80, he was disrespectful to a superior officer. For
this offense he received an LOR.
3) On 8 Jun 80, he stole three boxes of baby diapers. For this
offense he received an Article 15.
4) On 15 Nov 80, he assaulted a patient and made improper verbal
sexual advances to two females. For this offense he received an LOR.
5) On 15 Dec 80, he unlawfully uttered a check. For this offense he
received an LOR.
6) On 4 Feb 81, he was convicted by Special Court-Martial for
wrongfully appropriating a bank card of some value which was the property
of another with which he stole $50.00 and $320.00. He was sentenced to six
months confinement and was reduced to the grade of airman first class with
a DOR and effective date of 3 Jun 81.
A review of the discharge case file by the Deputy Judge Advocate was found
legally sufficient. On 2 Jun 81, the discharge authority approved the
applicant’s UOTHC discharge without probation and rehabilitation. The
applicant was discharged on 3 Jun 81. He served 3 years, 11 months and 27
days on active duty and had 151 days of lost time due to confinement.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C. The FBI
report and a request for post-service information were forwarded to the
applicant for review and comment within 30 days, as of this date, no
response has been received by this office 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 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 addition, in view of the contents of the FBI Identification
Record we are not persuaded that the characterization of the applicant’s
discharge warrants an upgrade on the basis of clemency. Therefore, in the
absence of evidence to the contrary, we find no basis upon which to
recommend granting the relief sought.
_________________________________________________________________
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 30 Jun 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-2009-02864:
Exhibit A. DD Form 149, dated 21 Jul 09 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 1 Dec 09.
Panel Chair
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