RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01640
INDEX CODE: 106.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
There was never a military or civilian trial or conviction. He
was assured the discharge would be upgraded when he signed the
UOTHC discharge.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 31 Jul 84 in the grade of airman
basic (E-1).
On 20 Feb 85, the applicants commander notified him of his
intent to recommend his discharge from the Air Force for a
pattern of misconduct conduct prejudicial to good order and
discipline. The reasons for the action included incidents of
drunk and disorderly and for being absent without leave (AWOL)
for which he twice received nonjudicial punishment (NJP), under
Article 15 of the Uniform Code of Military Justice (UCMJ),
consisting of forfeitures of pay totaling $720.00 and 30 days
confinement to correctional custody. During his confinement, he
breached the restraint imposed by wrongfully entering and
remaining in the recreation center, fraternizing with two
females, and being drunk, for which he received NJP consisting
of seven additional days of confinement in correctional custody.
On 21 Feb 85, after consulting with legal counsel, the applicant
acknowledged receipt of the action, waived his right to an
administrative discharge board, and elected to submit statements
in his defense. On 5 Mar 85, the case was found legally
sufficient and the discharge authority approved the commanders
recommendation the same day. On 7 Mar 85, he was furnished a
UOTHC discharge and credited with 6 months 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
indicating they were unable to locate an arrest record on the
basis of the information provided.
A request for post-service information was forwarded to the
applicant on 25 Oct 10. As of this date, no response has been
received by this office (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 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 that occurred in the discharge process. Based on the
available evidence of record, it appears the applicants UOTHC
discharge for misconduct was consistent with the substantive
requirements of the discharge regulation and within the
commanders discretionary authority. 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 for us to
recommend granting the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we conclude that no
basis exists to upgrade the applicants UOTHC discharge.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-01640 in Executive Session on 7 Dec 10, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Apr 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 25 Oct 10, w/atch.
Panel Chair
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