RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03405 

 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: 

 

While stationed in Spain - on his 20 birthday he was arrested for 
having an illegal gathering in his apartment. He was required to 
have a permit for a gathering of more than five people and he did 
not. He further states while in the service he used drugs and 
alcohol and had a mental breakdown. 

 

In support of his request, the applicant submits a personal 
statement and a copy of his DD Form 214, Report of Separation 
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 19 December 
1972 in the grade of airman basic for a period of six years. 

 

The applicant did on or about 22 and 23 April 1974, and 18 June 
1974, fail to go to his appointed place of duty. 

 

The applicant did on or about 16 July 1974, unlawfully enter an 
apartment and on or about 23 January 1975 was drunk and 
disorderly. For this misconduct he received nonjudicial 
punishment under Article 15 of the Uniform Code of Military 
Justice (UCMJ). 

 

The applicant did on or about 10 August 1974, attempt to steal a 
universal joint, of a value less than $50.00 

 

The applicant did on or about 23 January 1975, smoke cannabis, 
consumed alcohol, threatened people and leaped through a window 


when pursued by police. A Line of Duty Determination was 
completed due to the applicant’s injuries during the night of 
23 January 1975. It was found that the applicant’s injuries 
occurred while he was not in line of duty – but due to his own 
misconduct. The staff judge advocate concurred with the findings 
of the report. 

 

The applicant did on or about 7 May 1975, wrongfully have in his 
possession hashish during an anti-drug check. For this 
misconduct he received a Letter of Reprimand (LOR). 

 

The applicant did on or about 23 and 24 July 1975, disobey a 
lawful order of a superior noncommissioned officer. For this 
misconduct he received nonjudicial punishment under Article 15 of 
the Uniform Code of Military Justice (UCMJ). 

 

The applicant did on or about 17 November 1975, wrongfully 
possess 95 grams more or less of marijuana. Also, on or about 
1 December 1975, he failed to go to his appointed place of duty. 
For this misconduct he received nonjudicial punishment under 
Article 15 of the Uniform Code of Military Justice (UCMJ). 

 

The applicant received a Special Court-Martial for the following: 

 

 Charge: Violation of the Uniform Code of Military Justice, 
Article 86. 

 

 Specification 1 – the applicant did on or about 24 August 
1976, absent himself from his place of duty and did remain absent 
until or about 26 August 1976. 

 

 Specification 2 – the applicant did on or about 27 August 
1976, absent himself from his place of duty and did remain absent 
until or about 31 August 1976. 

 

The applicant pled guilty to the charge and specifications and 
was found guilty. He was sentenced to a bad conduct discharge, 
forfeiture of $180.00 per month for two months and confinement 
for two months. The sentence was adjudged on 13 September 1976. 

 

On 1 February 1977, the applicant was discharged with a UOTHC 
discharge. He served 3 years, 8 months and 13 days on active 
duty. The applicant had 153 days of lost time. 

 

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 21 October 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 a response indicating while stationed in 
Spain he had a break down and was told that he was a paranoid 
schizophrenic - alcohol related. He attended Alcohol Anonymous 
and has been sober for more than nine years. After being 
discharged from the Air Force he has worked in the construction, 
carpentry and electrical field. He has also continued his 
education, has five children and 11 grandchildren. The Air Force 
has always been a part of his life. 

 

The applicant’s complete response, with attachments, is at 
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. We considered 
whether it was in the interest of justice to consider upgrade of 
his 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. 

 

_________________________________________________________________ 

 

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-2011-03405 in Executive Session on 19 June 2012, under 
the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-03405 was considered: 

 

 Exhibit A. DD Form 149, dated 30 August 2011, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Record. 

 Exhibit C. Federal Bureau of Investigation Report. 

 Exhibit D. Letter, AFBCMR, dated 21 October 2011. 

 Exhibit E. Letter, Applicant, not dated, w/atchs.