RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05839
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The misconduct he committed was minor and should not taint his
ten years of service.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 11 May 73, the applicant commenced his enlistment in the
Regular Air Force (RegAF).
On 27 May 83, the applicants commander notified him he was
recommending his discharge from the Air Force for minor
disciplinary infractions and drug abuse. The specific reasons
for the discharge action were that he received a Letter of
Reprimand (LOR) for uttering checks with insufficient funds,
four Article 15s for failing to report for duty at the
prescribed time, uttering checks with insufficient funds, and
wrongful use of marijuana.
On 27 May 83, the applicant acknowledged receipt of the
notification and, after consulting with legal counsel, counsel
submitted a statement on the applicants behalf. On 31 May 83,
the applicant waived his right to an administrative discharge
board.
On 2 Jun 83, the legal office reviewed the case and found it
legally sufficient and recommended the applicant be furnished a
UOTHC discharge without probation and rehabilitation.
The discharge authority concurred with the findings and
recommendation and directed the applicants discharge. On
3 Jun 83, the applicant was furnished a UOTHC discharge and was
credited with 10 years and 23 days of total active service.
On 4 Sep 13, a request for post-service information was
forwarded to the applicant for review and response within
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 an 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. In the interest of
justice, we considered upgrading the discharge based on
clemency; however, in the absence of any evidence related to the
applicants post-service activities, there is no way for us to
determine if the applicants accomplishments since leaving the
service are sufficient to overcome the misconduct for which he
was discharged. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the relief
sought.
________________________________________________________________
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-2012-05839 in Executive Session on 22 Oct 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Dec 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 4 Sep 13, w/atch.
Panel Chair
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