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Decision Text

AF | BCMR | CY2011 | BC-2011-03064
Original file (BC-2011-03064.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03064 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Rehabilitation was recommended, but was denied by the discharge 
authority. If he was given this chance, he could have cleared 
his name and earned an honorable discharge. 

 

He joined the service willingly and made a mistake at a young 
age. Since leaving the Air Force, he has sustained good conduct 
with all authorities. 

 

He served his obligation for the crime he committed in the Air 
Force; since his release he has maintained legal integrity. 

 

In support of his request, the applicant provides a DD Form 293, Application for the Review of Discharge from the Armed Forces of 
the United States. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s administrative discharge package is not located 
in his master personnel records. Attempts to obtain a copy of 
his discharge package have been unsuccessful. Therefore, the 
circumstances and facts surrounding his discharge are not 
available. 

 

On 7 May 71, the applicant entered active duty in the Regular Air 
Force. He was progressively promoted to the grade of airman 
first class. He received two Airman Performance Reports (APRs) 
with overall ratings of 6 and 3, respectively. 

 

On 24 Oct 72, the applicant received Article 15 punishment for 
failure to go to his appointed place of duty. 

 

On 26 Dec 72, the applicant received Article 15 punishment for 
being absent without leave (AWOL). 


 

On 3 Feb 73, the applicant was apprehended by civilian 
authorities and charged with aggravated robbery and was placed in 
confinement in the county jail. 

 

On 15 Aug 73, he was discharged in the grade of airman first 
class, under the provisions of AFM 39-12, Separation for 
Unsuitability, Unfitness or Misconduct; Resignation or Request 
for Discharge for the Good of the Service; and Procedures for the 
Rehabilitation Program, for Misconduct – Civil Court Disposition, 
and received a UOTHC discharge. He served on active duty for 
1 year, 8 months, and 19 days. 

 

On 18 Oct 11, a copy of the FBI report was forwarded to the 
applicant for review and comment within 30 days. At the same 
time, the applicant was offered an opportunity to provide 
information pertaining to his activities since leaving the 
service (Exhibit D). As of this date, no response has been 
received by this office. 

 

_________________________________________________________________ 

 

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. Upon reviewing 
the evidence presented in this case, we are not persuaded the 
applicant has been the victim of an error or injustice. The 
applicant’s discharge package was not available for review; 
however, under the presumption of regularity in the conduct of 
government affairs we must assume the discharge was consistent 
with procedural and substantive requirements of the discharge 
regulation. 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 in this 
application. 

 

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 involved. 
Therefore, the request for a hearing is not favorably considered. 

 

_________________________________________________________________ 

 


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 Docket Number 
BC-2011-03064 in Executive Session on 5 Jan 12, under the 
provisions of AFI 36-2603: 

 

 , Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 Jul 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report of Investigation, dated 4 Oct 11. 

 Exhibit D. Letter, SAF/MRBC, dated 18 Oct 11. 

 

 

 

 

 

 Chair 



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