DOCKET NUMBER:  BC-2012-01159 
 
COUNSEL:  NONE 
HEARING DESIRED: NO 

                       RECORD OF PROCEEDINGS 
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 
 
IN THE MATTER OF: 
   
 
   
 
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
His  Under  Other  Than  Honorable  Conditions  (UOTHC)  discharge  be 
changed to general (under honorable conditions). 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He respectfully makes his request for an upgrade to his character 
of  service  based  on  leniency  and  the  fact  he  has  been  a  model 
citizen, a responsible husband and father, and gainfully employed 
for  the  past  30  plus  years.    He  was  young  and  ignorant  of  his 
childish ways at the time of his discharge. 
 
In support of his request, the applicant 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 began his military service on 14 Feb 72.   
 
On 7 Nov 74, the applicant’s commander notified him of his intent 
to  recommend  his  discharge  for  misconduct.    The  reason  for  the 
action  was  the  applicant’s  arrest  by  civil  authorities  on 
2 Jul 74  for  unlawful  possession  of  a  controlled  dangerous 
substance, to wit marijuana.  He pleaded guilty and was sentenced 
to 30 days in jail.  He was also administered an Article 15 on 
29 Nov 73 for wrongfully having in his possession .11 grams, more 
or  less,  of  marijuana.    Furthermore,  he  was  also  confined  in 
South Carolina from 25 Jul 74 to 20 Sep 74 facing charges of bank 
fraud and embezzlement from a Federal Credit Union; conspiracy; 
illegal  manufacture,  use,  possession,  or  sale  of  emblems  or 
insignia, forgery of U.S. Treasury check, and theft; and forgery 
and cashing of U.S. Treasury checks.   
 

On 7 Nov 74, the applicant acknowledged receipt of the action and 
elected  to  have  his  case  heard  by  an  administrative  discharge 
board.  However, on 21 Nov 74, the applicant elected to waive his 
rights  to  said  Board  and  elected  to  submit  statements  in  his 
behalf. 
 
On 11 Dec 74, the case file was found legally sufficient and the 
discharge authority concurred with the commander’s recommendation 
on 12 Dec 74. 
 
On 20 Sep 74, the applicant was furnished a UOTCH discharge and 
credited  with  2  years,  7  months,  and  14  days  of  total  active 
service,  which  included  79  days  of  lost  time  for  the  period 
1 Jul 74 through 20 Sep 74. 
 
Pursuant  to  the  Board’s  request,  the  Federal  Bureau  of 
Investigation (FBI) provided a copy of an Investigation Report, 
which is at Exhibit C.  On 27 Aug 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 indicates he only tried to fit in with 
the airmen he was serving with as they were from cities around 
the country and he was considered a slow small-town country boy.  
He  admits  to  his  ignorance  of  their  ways.    In  support  of  his 
request, the applicant provides a supporting statement from his 
pastor. 
 
The  applicant’s  complete  response,  with  attachment,  is  at 
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.    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 process.  Based on the 
available  evidence  of  record,  it  appears  the  applicant’s  Under 
Other Than Honorable Conditions (UOTHC) discharge for misconduct 
was consistent with the substantive requirements of the discharge 
regulation and within the discharge authority’s discretion.  He 
has provided no evidence which would lead us to believe his UOTHC 
discharge  was  improper  or  contrary  to  the  provisions  of  the 
governing directive.  In the interest of justice, we considered 
upgrading  the  discharge  based  on  clemency;  however,  we  do  not 

 

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find  the  evidence  presented  is  sufficient  to  compel  us  to 
recommend granting the relief sought on that basis.  Therefore, 
in the absence of evidence to the contrary, we conclude that no 
basis  exists  to  recommend  upgrading  the  applicant’s  UOTHC 
discharge. 
 
_________________________________________________________________ 
 
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-2012-01159 in Executive Session on 28 Sep 12, under the 
provisions of AFI 36-2603: 
 
     Chair 
 
  Member 
 
  Member 
 
The following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 23 Mar 12, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  FBI Report. 
    Exhibit D.  Letter, AFBCMR, dated 27 Aug 12, w/atch. 
    Exhibit E.  Letter, Applicant, dated 31 Aug 12, w/atch. 
 
 
 
 
                                    
                                   Chair 
 
 

 

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