RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02128
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had six years of outstanding service and feels his discharge
was unjust. His problems began the six months prior to his
discharge. His separation from his wife and children caused him
to make some bad choices. His discharge was based on an isolated
incident.
No supporting documentation was submitted.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 Jul 85, the applicant enlisted in the Regular Air Force.
On 9 Sep 88, his commander notified him that he was recommending
his separation from the Air Force under the provisions of AFR 39-
10, Administrative Separation of Airman. The specific reasons
for the action was conduct prejudicial to good order and
discipline wherein the applicant wrongfully used marijuana,
operated a vehicle under the influence of alcohol, assaulted
another airman, failure to go and public intoxication. On 11 Oct
88, he received an under other than honorable conditions
discharge after serving 3 years, 8 months and 13 days on active
duty.
_________________________________________________________________
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. After careful
consideration of the available evidence, we found no indication
that the actions taken to affect his discharge were improper or
contrary to the provisions of the governing regulations in effect
at the time, or that the actions taken against the applicant were
based on factors other than his own misconduct. We note the
applicant has not submitted documentation pertaining to his post-
service activities; therefore, we do not find it in the interest
of justice to exercise clemency in this case. However, should he
provide information documenting his post-service activities, we
may be inclined to reconsider his request based on clemency.
Having found no error or injustice with regard to the actions
that occurred while the applicant was a military member, we
conclude that no basis exists to grant favorable action on his
request.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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 this application in
Executive Session on 5 Feb 13, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2012-02128:
Exhibit A. DD Form 149, dated 17 Apr 12.
Exhibit B. Applicant's Master Personnel Records.
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