RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-03409
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant’s request is unclear; however, it appears he is requesting
his under other than honorable conditions (UOTHC) discharge be upgraded so
that he can seek help from the Department of Veterans Affairs (DVA).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not guilty of any crime. He was told he was being cross-trained and
that his discharge was for the good of the service. He has health problems
and is in need of help.
The applicant did not provide any supporting documentation.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 27 Nov 72. On 6 Feb 75,
he requested he be discharged for the good of the service and acknowledged
his rights should his request be approved. His commander recommended
disapproval of his request for the following reasons: On 11 Feb 75, the
applicant was placed in pre-trial confinement when contraband was
discovered during a routine inspection of his dormitory room. The
contraband included a knife with a six-inch blade, another airman’s
identification card, suspected drugs and credit cards belonging to another.
His commander recommended the applicant be furnished an undesirable
discharge. The staff judge advocate found the case legally sufficient and
concurred with the commander’s recommendations. On 26 Feb 75, the
discharge authority approved the recommended discharge. On 3 Mar 75, he
was discharged with an UOTHC character of service. He served 1 year, 10
days and 3 months on active duty with 154 days of lost time due to
confinement.
In response to the Board’s request, the FBI indicated they were unable to
identify an arrest record pertaining to the applicant on the basis of
information furnished.
On 24 May 10, a request for post-service information was forwarded to the
applicant for response within 30 days. As of this date, no response has
been received (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
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. 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 AFBCMR BC-2009-03409 in
Executive Session on 7 Jul 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Oct 09.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 24 May 10.
Panel Chair
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