RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01527
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was unjust because he was young and immature, and
his conduct was more emotional, rather than based on rational
thinking. He is now more mature and does not want the actions
of his youth to ruin his future.
In support of his appeal, the applicant provides several notes
of character reference.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force, on 26 May 88,
for a period of four years.
On 9 Mar 89, the commander notified the applicant of the
administrative discharge board (ADB) hearing. The specific
reasons for the proposed action were; 1) he received a Letter of
Reprimand (LOR) for on or about 6 Jan 89, he assaulted another
airman and possessed an altered identification card that
belonged to another airman; 2) he received an Article 15, for on
or about 16 Jan 89, he failed to go to his assigned place of
duty, obey a lawful order, and for assaulting another airman; 3)
for being absent without leave from 4 6 Feb 89, while the
Article 15 action was pending.
The applicant waived his rights to a board hearing and to submit
statements in his own behalf. The staff judge advocate reviewed
the case file and found it legally sufficient and the discharge
authority approved an UOTHC discharge.
On 26 Apr 89, the applicant was discharged by reason of
misconduct pattern conduct prejudicial to good order and
discipline, with service characterized as under other than
honorable conditions. He was credited with 11 months and 1 day
of active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, indicated that based
on the data furnished; they are unable to locate an arrest
record.
________________________________________________________________
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 during the discharge process. 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 his 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 the applicants overall record of
service, the seriousness of the offenses which led to his
administrative separation, and the character references provided
in support on his appeal; however, we are not persuaded that an
upgrade of the characterization of his discharge on the basis of
clemency is warranted. Should the applicant provide additional
information, e.g., post-service documentation to support his
claim, we would be willing to reconsider his appeal. 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 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-2012-01527 in Executive Session on 20 December 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Apr 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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