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Decision Text

AF | BCMR | CY2010 | BC-2010-03525
Original file (BC-2010-03525.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03525 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

It has been over 30 years since he was discharged from the Air 
Force. He is a good citizen; however, he made mistakes when he 
was younger. While serving in the military he served to the best 
of his ability. He has been blessed with a wonderful wife and 
three sons. He lives the American life, full of pride and 
success. His father served in the Army, he served in the Air 
Force, and now his son serves in the Navy aboard the USS John C. 
Stennis. He worked in research and development for 28 years at 
Washington Natural Gas Company and now he is with World Compress 
Natural Gas. He respectfully requests his veteran benefits and 
rights be reinstated. Regardless of the decision, he will always 
stand loyal to his country and family. 

 

In support of his request, the applicant provides a personal 
statement, documentation from his family’s life that includes 
certificates of training, a newsletter, photos, copies of pilot 
registrations and licensing, etc. 

 

His complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted into the Regular Air Force on 25 Nov 74. 
His commander recommended him for discharge under the provisions 
of AFM39-12, Chapter 2, Section B, Paragraph 2-15a and Section C, 
Paragraph 2-23, for frequent involvement of a discreditable 
nature with civil and military authorities, and for receiving a 
civil court conviction. Following receipt of notification from 
his commander, the applicant waived his right to a hearing before 
an Administrative Discharge Board conditioned upon receipt of a 
general discharge; however, the waiver was denied. Thereafter, 


he exercised his right to a hearing before a discharge board. 
After a legal review of the case file, the deputy staff judge 
advocate approved the findings of the discharge board. The 
applicant’s commander approved the recommendation of the 
discharge board on 26 Nov 80. The applicant received a UOTHC 
discharge on 8 Dec 80 after serving 6 years and 14 days on active 
duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
which is at Exhibit C. On 22 Dec 10, a copy of the FBI report 
was forwarded to the applicant for review and comment within 
30 days. As of this date, no response has been received by this 
office. 

 

On 22 Dec 10, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days. In response to our request, applicant provided 
post-service information, which is attached at Exhibit A. 

 

On 31 Jan 11, the applicant requested to temporarily close his 
case. On 13 Mar 11, he requested his case be reopened and the 
original 64 pages of information submitted of his activities 
since leaving the Air Force be considered. 

 

_________________________________________________________________ 

 

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 affect 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. We considered 
upgrading the discharge based on clemency; however, we do not 
find the evidence presented is sufficient to recommend granting 
the relief sought on that basis. Having found no error or 
injustice with regard to the actions 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 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-2010-03525 in Executive Session on 7 Jul 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 30 Aug, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 22 Dec 10. 

 Exhibit D. Letter, Applicant, dated 31 Jan 11. 

 Exhibit E. Letter, AFBCMR, dated 8 Feb 11. 

 Exhibit F. Letter, Applicant, dated 13 Mar 11, w/atchs. 

 

 

 

 

 

 Panel Chair 

 



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