RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02343
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was unjustly discharged from the Air Force prior to his new
commander arriving to the base.
In support of his request, the applicant provides a copy of his DD
Form 214, Certificate of Discharge or Release from Active Duty.
His complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 15 Nov 74.
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFM-12, chapter 2, section b, paragraph 2-15a, for
frequent involvement of a discreditable nature with military or
civil authorities. The specific reasons for this action were for
theft; dereliction; failures to repair; disorderly and disruptive
behavior; and cannabis abuse. The applicant received Article 15s
and Letters of Reprimand for his actions. After a legal review of
the case, the staff judge advocate found it legally sufficient.
The applicant received an UOTHC discharge on 3 Sep 76 after serving
1 year, 9 months, and 19 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 25 Aug 10, a copy of the FBI report was
forwarded to the applicant for review and comment within 30 days.
On 25 Aug 10, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days (see Exhibit D). In response to our request,
applicant provided post-service information, which is attached at
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 error or injustice. After careful
consideration of the available evidence, we found no indication
the actions taken to effect his discharge were improper or
contrary to the provisions of the governing regulations in effect
at the time, or the actions taken against the applicant were
based on factors other than his own misconduct. In addition, in
view of the contents of the FBI Identification Record we are not
persuaded that the characterization of the applicants discharge
warrants an upgrade to honorable on the basis of clemency.
Having found no error or injustice with regard to the actions
that occurred while the applicant was a military member, we
conclude that no basis exists to grant favorable action on his
request.
_________________________________________________________________
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 for Docket Number
BC-2010-02343 in Executive Session on 20 Sep 10 and 13 Oct 10,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2010-
02343 was considered:
Exhibit A. DD Form 149, dated 23 Jun 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 25 Aug 10.
Exhibit E. Letter, Applicant, not dated.
Panel Chair
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