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 applicants 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
applicants 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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