RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00666
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to an Honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He entered the service at a young age and was negatively
influenced by older service members. He has worked hard to
further his education and these juvenile acts should not
continue to affect him. His educational achievements, current
status as a paralegal and bond recovery agentboth respectable
careers in todays society, and the fact that he acted as his
wifes caregiver for two years prior to her death are testaments
to his integrity and the honorable person he has become.
Therefore, his request should be granted.
In support of his request, the applicant provides copies of his
Bond Recovery Agent Identification Card and his Colorado
Identification Card.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 3 Jun 80 in the grade of airman
basic (E-1) for a period of six years and was progressively
promoted to the grade of airman first class (E-3), effective and
with a date of rank of 17 Jul 80.
On 26 May 82, the applicants commander notified him of his
intent to recommend him for discharge from the Air Force for
frequent involvement of a discreditable nature with civilian or
military authorities. The reasons for the action included
various arrests by civil and military authorities for child
neglect, driving under the influence, possession of marijuana,
and damage to government property; as well as various incidents
of reporting late to duty, failure to go to his appointed place
of duty, leaving his appointed place of duty, unauthorized use
of a government vehicle, and assault on his spouse.
On 18 Jun 82, the case was found to be legally sufficient and
the discharge authority approved the applicants discharge on
22 Jun 82. On 24 Jun 82, the applicant was furnished a UOTHC
discharge and was credited with 2 years and 22 days of total
active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an investigative Report,
which is at Exhibit C.
A copy of the FBI Report of Investigation and a request for
post-service information was forwarded to applicant on 16 Apr 10
for review and comment within 30 days, but was returned as
undeliverable (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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice. Based on the available evidence of record, it
appears the applicants UOTHC discharge was consistent with the
substantive requirements of the discharge regulation and within
the commanders discretionary authority. Other than his own
assertions, he has provided no evidence which would lead us to
believe otherwise. We considered upgrading the discharge based
on clemency; however, we do not find the evidence presented is
sufficient to convince us to recommend granting the relief
sought on that basis. In view of the foregoing, and in the
absence of evidence to the contrary, we conclude that no basis
exists for us to recommend an upgrade to the applicants UOTHC
discharge.
________________________________________________________________
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 Docket
Number BC-2010-00666 in Executive Session on 14 Sep 10, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jan 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 16 Apr 10, w/atch.
Panel Chair
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