RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-00314
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to a general (under honorable conditions) discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his discharge was inequitable because it was based on
one isolated incident in 48 months of service with no other
adverse action. He was young and may have made a mistake but
served his country well for three years without incident.
In support of the applicant’s appeal, he provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 7 March 1979.
The staff judge advocate’s legal review dated 6 April 1983,
reflects the applicant received two Article 15s between on or
about 14 January 1983 and 11 February 1983 for disrespect to a
superior non-commissioned officer, and for the wrongful use of
marijuana and wrongful use of marijuana in the hashish form. The
applicant received three letters of reprimand on or between 4
August 1982 and 4 January 1983 for disrespect to a commissioned
officer, failure to obey a lawful regulation and failure to obey
a lawful order. The review further states that court-martial
charges were preferred on 3 March 1983 and referred to trial by
special court-martial on 7 March 1983. The applicant was charged
with two specifications of obstructing justice and one
specification of soliciting a false official statement all in
violation of Article 134, UCMJ, and with one specification of
conspiring to obstruct justice in violation of Article 81, UCMJ.
He was advised of his rights in this matter and after consulting
with counsel the applicant submitted a request for discharge in
lieu of trial by court-martial.
In a legal review of the case file, the staff judge advocate
found the case legally sufficient and recommended discharge. The
discharge authority concurred with the recommendation and
directed a UOTHC discharge. The applicant was discharged on
29 April 1983. He served 4 years, 1 month and 23 days on active
duty with 2 years, 10 months and 3 days of foreign service.
_________________________________________________________________
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. In the interest of
justice, we considered upgrading the discharge based on clemency;
however, we do not find the evidence presented is sufficient 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.
_________________________________________________________________
2
The following members of the Board considered AFBCMR Docket
Number BC-2012-00314 in Executive Session on 25 October 2012,
under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00314 was considered:
Exhibit A. DD Form 149, dated 23 January 2012, w/atch.
Exhibit B. Applicant’s Master Personnel Records.
3
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