RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04758
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:
During the contested time frame he was young and made many
mistakes. During his discharge processing he was informed that
he would receive a general discharge; however, he received a
UOTHC discharge. He is now 65 years old, has four children, and
has had no issues with the police.
In support of the applicants appeal, he provides a copy of his
DD Form 214, Armed Forces of the United States Report of Transfer
or Discharge, DD Form 215, Correction to the DD Form 214, and a
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 April 1964.
On 20 October 1966, the applicant was notified by his commander
of his intent to recommend that he be discharged from the Air
Force under the provisions of AFM 39-12. The specific reasons
were as follows:
a. On or about 1 July 1965, the applicant was convicted by a
Special court Martial for larceny.
b. On or about 20 September 1966, the applicant was punished
under Article 15, UCMJ for failing to go to his appointed place
of duty.
c. On or about 12 October 1966, the applicant was punished
under Article 15, UCMJ for issuing two worthless checks. Also,
while serving correctional custody for the two check offense,
other returned unpaid checks issued by the applicant were
received.
He was advised of his rights in this matter and elected to submit
a statement on his own behalf. In a legal review of the case
file, the assistant staff judge advocate found the case legally
sufficient and recommended discharge. The discharge authority
concurred with the recommendation. The applicant was discharged
with a UOTHC discharge on 28 December 1966. He served 2 years,
8 months and 27 days on active duty. He had lost time due to
confinement from 12 July 1965 to 15 September 1965.
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 7 June 2012, 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 that he received his high school GED in 1976 and in
1978 received an Associates Degree in Liberal Arts. His wife
opened a gift shop which they worked for 11 years until the
economy forced them to close. He then worked for Home Depot as a
plumbing associate. He now receives social security disability.
(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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice warranting
relief. Although no evidence was provided or located to show
that his discharge was improper or not in compliance with
appropriate directives, it is our opinion that relief on the
basis of clemency is warranted. It appears the applicant has led
a stable and productive life since his separation from the Air
Force. In light of the above, we believe that it would be an
injustice for him to continue to suffer the adverse effects of a
UOTHC discharge. Therefore we believe an upgrade of his
discharge to general (under honorable conditions) is warranted.
Accordingly the Board recommends that his records be corrected as
indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 28 December
1966, he was discharged with service characterized as general
(under honorable conditions).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04758 in Executive Session on 17 July 2012, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number
BC-2011-04758 was considered:
Exhibit A. DD Form 149, dated 25 November 2011, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 7 June 2012.
Exhibit E. Letter, Applicant, dated 26 June 2012
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