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AF | BCMR | CY2012 | BC-2012-00330
Original file (BC-2012-00330.pdf) Auto-classification: Denied
DOCKET NUMBER:  BC-2012-00330 
 
COUNSEL:  NONE 
HEARING DESIRED: NO 

                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: 
   
    
 
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His character of service be changed from general, under honorable 
conditions (UHC) to honorable. 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He did not know at the time that his actions would constitute a 
crime. 
 
The applicant’s complete submission is at Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant began his service on 29 May 79.  On 9 Aug 83, his 
commander recommended he be discharged in lieu of trial by court-
martial.  The reasons for the discharge action are as follows: 
 
Along with numerous letters of counseling and reprimand (LOC/LOR), 
during  the  summer  of  1983,  court-martial  charges  were  preferred 
against  the  applicant  for  conspiracy  to  effect  the  fraudulent 
separation  of  his  wife  from  the  Air  Force  and  for  attempting  to 
actually effect the fraudulent separation of his wife.   
 
On 26 Jul 83, the applicant requested a discharge in lieu of trial 
by court-martial.  On 10 Aug 83, his request was approved by his 
commander  who  sent  the  request  to  the  discharge  authority  along 
with  the  recommendation  the  applicant’s  service  be  characterized 
as Under Other Than Honorable Conditions (UOTHC). 
 
The discharge authority agreed and on 26 Aug 83, the applicant was 
furnished  a  UOTHC  discharge  in  lieu  of  trial  by  court-martial 
after serving for 4 years, 2 months, and 28 days. 
 
On  7  Aug  84,  the  applicant  applied  to  the  Air  Force  Discharge 
Review  Board  (DRB)  to  have  his  UOTHC  discharge  upgraded  to 
honorable.    On  26  Sep  85,  the  DRB  ordered  the  applicant’s 
character of service be changed to general, UHC. 
 
Pursuant to the Board’s request, the Federal Bureau Investigation 
(FBI)  provided  a  copy  of  an  Investigation  Report,  which  is  at 

 

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Exhibit C.  On 14 Jun 12, a copy of the FBI report and a request 
for  post-service  information  was  forwarded  to  the  applicant  for 
review and comment within 30 days (Exhibit D).  In response, the 
applicant provided a letter of reference (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  an  error  or  injustice.    While  the 
applicant  asserts  he  did  not  know  at  the  time  that  the  actions 
which  led  to  his  discharge  were  a  crime,  he  has  not  provided 
evidence that corroborates his claim.  In addition, in considering 
whether the relief he seeks should be granted, we note the AFDRB 
subsequently  upgraded  the  characterization  of  his  service  from 
Under  Other  Than  Honorable  Conditions  (UOTHC)  to  general  (under 
honorable conditions).  In our view, the prior action of the AFDRB 
provided  the  applicant  what  we  would  consider  full  and  fitting 
relief  and  we  find  no  error  in  the  actions  taken  to  effect  his 
discharge and also do not find that it would be in the interest of 
justice to provide a further upgrade of his character of service 
on the basis of clemency.  Therefore, in the absence of evidence 
to the contrary, we find no basis to recommend granting the relief 
sought in this application. 
 
_________________________________________________________________ 
 
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-2012-00330  in  Executive  Session  on  26  Jun  12,  under  the 
provisions of AFI 36-2603: 
 
 
 
 
 
 
The  following  documentary  evidence  pertaining  to  AFBCMR  Docket 
Number BC-2012-00330 was considered: 
 

  Panel Chair 
  Member 
  Member 

 

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    Exhibit A.  DD Form 149, dated 1 Oct 12. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  FBI Report. 
    Exhibit D.  Letter, AFBCMR, dated 14 Jun 12, w/atch. 
 
 
 
 
                                     
                                   Panel Chair 
 
 

 

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