RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00502 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded to general (under honorable conditions). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His total service should not be characterized by the one incident 
that led to his discharge. His records indicate his service was 
good before his last assignment. 

 

In support of his appeal, the applicant provides copies of a DD 
Form 293, Application for the Review of Discharge from the Armed 
Forces of the United States; a discharge notification letter; an 
AF Form 7, Airman Military Record; a discharge certificate from 
the Army National Guard; his DD Form 214, Armed Forces of the 
United States Report of Transfer or Discharge; and his NGB Form 
22, National Guard Bureau Report of Separation and Record of 
Service. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 9 August 1963 in the grade of airman third 
class (E-2) with nine years and eight days prior service in the 
Oklahoma Army National Guard. He received two Article 15s 
(29 January 1964 and 24 February 1964) for failure to repair. He 
received punishment of two hours extra duty per day for two weeks 
for his first Article 15, and, a sixty day restriction to the 
limits of Tinker Air Force Base and reduction in grade to airman 
basic (E-1) for his second Article 15. The reduction in grade 
was initially suspended, but was vacated on 19 March 1964 due to 
a violation of the restriction. 

 

The applicant was Absent without Leave (AWOL) from 10 July 1964 
to 30 September 1964. On 1 October 1964, he was arrested by 
civil authorities for auto theft and confined in county jail 
pending trial. On 12 October 1964, he was convicted of auto 


theft and subsequently transferred to a federal reformatory for a 
period of one year. 

 

On 21 October 1964, the applicant was notified of his commander’s 
intent to recommend him for an undesirable discharge for 
interstate transportation of a stolen vehicle. The applicant 
acknowledged receipt of the notification, waived his right to a 
hearing before a board of officers, and waived his right to 
submit statements in his own behalf. A Staff Summary Sheet, 
dated 2 November 1964, indicates the Staff Judge Advocate 
reviewed the case and found it legally sufficient. On 6 November 
1964, the discharge authority approved the recommendation to 
discharge the applicant with an undesirable discharge. 

 

On 18 November 1964, the applicant was discharged in the grade of 
airman basic with a UOTHC discharge. He served 10 months and 
28 days on active duty. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI), Clarksburg, WV, provided a copy of an 
Investigation Report (Exhibit C). 

 

On 21 March 2011, the applicant was given an opportunity to 
submit comments about his post service activities and in response 
to the FBI Report (Exhibit D). 

 

The applicant responded on 12 April 2011, indicating he is 65 
years old and disabled. He is looking for a discharge upgrade 
for his own personal satisfaction. His youth at the time is not 
an excuse, but he thinks it is a factor. He was not thinking 
clearly at the time of his discharge as he was 18 years old and 
had recently lost his only parent. He has not done anything 
outstanding in his life, but has just tried to maintain a healthy 
attitude and deal with things as they are. 

 

The applicant’s complete rebuttal is 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. 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 
that occurred in the discharge processing. Based on the 
available evidence of record, it appears the discharge was 


consistent with the substantive requirements of the discharge 
regulation and within the commander's discretionary authority. 
The applicant has provided no evidence which would lead us to 
believe the characterization of the service was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed. We considered 
upgrading the discharge based on clemency; however, we do not 
find the evidence presented is sufficient to compel us to 
recommend granting the relief sought on that basis. Therefore, 
in the absence of evidence to the contrary, we find no basis upon 
which to recommend granting the relief sought. 

 

________________________________________________________________ 

 

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-2011-00502 in Executive Session on 29 September 2011, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-00502 was considered: 

 

Exhibit A. DD Form 149, dated 1 Feb 11, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. FBI Report. 

Exhibit D. Letter, AFBCMR, dated 21 Mar 11, w/atch. 

Exhibit E. Letter, Applicant, dated 12 Apr 11. 

 

 

 

 

 

 Panel Chair