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AF | BCMR | CY2010 | BC-2010-00689
Original file (BC-2010-00689.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00689 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His discharge was inequitable. He was not in a good mental 
state because of a drug abuse problem and all of the long hours 
he worked to fight and support the Central American war. 

 

In support of his request, the applicant provides copies of his 
DD Forms 214, Certificate of Release or Discharge from Active 
Duty. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 10 Jul 81 as an airman basic (E-1) 
for a period of four years and was progressively promoted to the 
grade of airman first class (E-3), effective and with a date of 
rank of 13 Aug 82. 

 

On 14 Feb 83, the applicant’s commander preferred court-martial 
charges against him for violating Article 128 of the Uniform 
Code of Military Justice (UCMJ) for assaulting a fellow airman 
by stabbing him with a knife. The applicant subsequently 
requested administrative discharge in lieu of trial by court-
martial. The case was found legally sufficient and the 
discharge authority directed the applicant’s UOTHC discharge on 
2 Mar 83. 

 

On 14 Mar 83, the applicant was furnished a UOTHC discharge and 
credited with one year, eight months, and five days of total 
active service. 

 


On 2 Aug 84, the Air Force Discharge Review Board (AFDRB) 
considered and denied the applicant’s request for an upgrade of 
his discharge, concluding the discharge was consistent with the 
procedural and substantive requirements of the discharge 
regulation, was within the discretion of the discharge 
authority, and he was provided full administrative due process. 

 

Pursuant to the Board’s 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 the applicant on 
13 May 10. In response, the applicant provides a statement 
describing his activities since his discharge as well as two 
letters in support of his request (Exhibit E). 

 

________________________________________________________________ 

 

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 applicant’s 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 applicant’s UOTHC discharge in lieu of trial by 
court-martial was consistent with the substantive requirements 
of the discharge regulation and within the commander’s 
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 applicant’s 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-2010-00689 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 Forms 149, dated 15 Feb 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 13 May 10, w/atch. 

 Exhibit E. Letter, Applicant, dated 20 May 10, w/atchs. 

 

 

 

 

 

 Panel Chair 



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