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AF | BCMR | CY2011 | BC-2011-01885
Original file (BC-2011-01885.txt) Auto-classification: Denied
 

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. Applicant’s 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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