RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02782
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:
He has made mistakes in his life; however, he has learned from
his mistakes. He paid his dues to society and has become a
better man.
In support of his request, the applicant submits a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, a certificate of completion to NCO Leadership School and a
copy of his drivers license.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 19 March 1974.
The applicant was notified by his commander of his intent to
recommend his discharge from the Air Force under the provisions
of AFM 39-12. The specific reason for this action was for the
murder of his wife.
He was advised of his rights in this matter and elected to submit
statements in his own behalf. In a legal review of the case
file, the staff judge advocate found the case legally sufficient
and recommended discharge. The applicant received a UOTHC
discharge on 10 Dec 80 after serving 6 years, 8 months, and
22 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, was unable to
identify 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. After careful
consideration of the available evidence, we found no indication
the actions taken to effect 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. Having found no
error or injustice with regard to the actions that occurred 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-2011-02782 in Executive Session on 15 Mar 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2010-02782
was considered:
Exhibit A. DD Form 149, dated 14 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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