RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01885
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 driving his privately owned vehicle and it became mired in
very deep mud. He used a government vehicle to pull his car out
of the mud and the government vehicle became stuck. There was no
criminal or malicious intent to his actions. His only goal was
to retrieve his vehicle. He had three years of honorable service
prior to this incident and he never would have taken this action
had he not felt it was his only option at the time.
In support of his request, the applicant submits a personal
statement and a copy of his DD Form 214, Certificate of Release
or Discharge from Active Duty.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 8 July 1980.
Between July 1980 and February 1982, the applicant wrongfully
appropriated a government truck and car. He was also given a
Letter of Reprimand for failure to report to duty on 2 August
1981.
On 19 January 1982, the applicant requested discharge under AFM
39-12, paragraph 2-78 for the good of the service.
In a legal review of the case file, the staff judge advocate
found the case legally sufficient and recommended discharge. The
discharge authority concurred with the recommendation and
directed a UOTHC discharge. The applicant was discharged on
5 February 1982. He served 1 year, 6 months and 28 days on
active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 1 August 2011, a copy of the FBI Report of Investigation and a
request for information pertaining to his post-service activities
was forwarded to the applicant for review and response within
30 days (Exhibit D).
The applicant provided character reference letters and a
certificate of achievement in nurturing in support of his appeal
(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. Furthermore, we do
not find clemency is appropriate in this case in light of the
contents of the FBI report. 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 the evidence presented did not
demonstrate the existence of an 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-2011-01885 in Executive Session on 2 February 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-01885 was considered:
Exhibit A. DD Form 149, dated 29 April 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Federal Bureau of Investigation Report.
Exhibit D. Letter, AFBCMR, dated 1 August 2011.
Exhibit E. Letter, Applicant, not dated, w/atchs.
Panel Chair
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