RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04306 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect: 

 

 a. Upgrade of his under other than honorable conditions 
(UOTHC) discharge to an honorable discharge. 

 

 b. Credit for his service in Vietnam (administratively 
corrected) and, 

 

 c. He be furnished a Veterans’ identification card. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

For over 13 years he served honorably. While serving in the 
Philippines in support of Vietnam he became depressed, unstable 
and an alcoholic as evidenced by his medical records. He stayed 
in rehab for a month prior to his discharge. A lot of his 
medical and mental problems are from being in the military. 

 

In support of his appeal, the applicant provides 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: 

 

On 13 Aug 62, the applicant contracted his initial enlistment in 
the Regular Air Force. 

 

On 21 Jan 76, court-martial charges were preferred against the 
applicant for wrongful possession of a military identification 
card, wrongful possession of a privilege and ration card, and 
uttering an altered check. On 20 Feb 76, the applicant requested 
to be discharged in lieu of trial by court-martial. He also 
acknowledged that if his request for discharge was approved he 


could receive an undesirable discharge under other than honorable 
conditions. 

 

On 25 Feb 76, the trial counsel for the Seventh Circuit 
recommended the applicant’s request for discharge in lieu of 
court-martial be accepted despite there being no doubt the 
applicant committed the offenses for which he was charged. He 
was a peripheral figure in what turned out to be a large ring of 
Philippine counterfeiters. 

 

On 26 Feb 76, the applicant’s commander recommended the request 
for discharge in lieu of trial by court-martial be approved and 
the applicant be furnished an undesirable discharge certificate. 

 

On 1 Mar 76, a psychiatric evaluation was performed on the 
applicant and while it was noted that he had a long-standing 
habitual excessive drinking problem, he was found free of any 
mental defect, disease, or derangement; and had the mental 
capacity to understand the nature and probably consequence of all 
his acts. There was no evidence of psychosis, neurosis, or 
character and behavior disorder. 

 

On 2 Mar 76, the case was found legally sufficient and the wing 
commander forwarded the case to the discharge authority with a 
recommendation to approve the action and issue the applicant an 
undesirable discharge. 

 

On 10 Mar 76, the action was again found legally sufficient and 
the discharge authority approved the request, directing the 
applicant be furnished an undesirable discharge. On 29 Mar 76, 
the applicant was furnished an under other than honorable 
conditions (UOTHC) discharge and credited with 13 years, 7 months 
and 17 days of active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation indicated that on the basis of the data furnished, 
they were unable to locate an arrest record. 

 

On 5 Dec 11, AFPC/DPAPP informed the applicant that his service 
in Vietnam (boots on ground), during the period 12 Aug 72 – 11 
Feb 73, had been verified. 

 

On 22 May 12, a request for post-service information was 
forwarded to the applicant for review and comment for 30 days 
(Exhibit C). 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. 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 note the 
applicant attributes many of his problems to his military 
service; however, the record reflects that a psychiatric 
evaluation determined that despite his drinking and other 
problems, he was free from mental defect, disease, or derangement 
and had the capacity to understand the nature and consequences of 
his acts. We considered upgrading the discharge based on 
clemency; however, we do not find it would be in the interest of 
justice to do so at this time. Regarding the request for an 
identification card, we find this request outside the purview of 
the Board as there is no record to correct that would authorize 
issuance of any such Veteran Identification Card. Therefore, in 
the absence of evidence to the contrary, we find no basis upon 
which to recommend granting any relief beyond that already 
rendered administratively. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material 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-2011-04306 in Executive Session on 26 Jun 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-04306 was considered: 

 

 Exhibit A. DD Form 149, dated 29 Sep 11, w/atchs. 

 Exhibit B. Applicant's Master Military Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 22 May 12, w/atch. 

 

 

 

 

 

 Panel Chair