RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01570
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to an honorable discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
The discharge he received was inappropriate in comparison to his
total service. He was told at that time to accept the discharge
or go jail until a court-martial trial could be arranged. His
right to counsel was abused/denied. His discharge was too harsh
and is inconsistent with the alleged misconduct resulting in an
UOTHC discharge. He was also told he had to wait five years
before he could request an upgrade to his discharge.
In support of his request, the applicant provides copies of
documents extracted from his military and civilian personnel
records.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 Aug 68, the applicant contracted his initial enlistment in
the Regular Air Force.
The applicant was charged with missing a permanent change of
station (PCS) move. On 6 Oct 83, his case was referred to trial
by special court-martial. On 13 Oct 83, the applicant requested
discharge in lieu of court-martial wherein he acknowledged that
he understood the elements of the offense for which he was
charged and that he may be discharged with a UOTHC character of
service.
The legal office reviewed the case and found it legally
sufficient to support separation and recommended the applicant be
furnished a UOTHC discharge, without probation and
rehabilitation.
On 17 Nov 83, the discharge authority concurred with the findings
and recommendation and directed the applicants discharge. On
29 Nov 88, the applicant was furnished a UOTHC discharge and was
credited with 15 years, 3 months, and 29 days of total active
service.
Pursuant to the Boards request, the Federal Bureau of
Investigation indicated that, on the basis of the data furnished,
they were unable to locate an arrest record.
_________________________________________________________________
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 process. 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 his 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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
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 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-2011-01570 in Executive Session on 10 Jan 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Apr 11, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Panel Chair
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