AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02180
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge be upgraded
to general.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was only absent without leave for two days. He missed his
flight and reported it to his unit.
He was not a bad soldier [sic] and does not deserve this type of
discharge.
In support of his request, the applicant provides copies of
character references.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 12 Dec 1978, the applicant enlisted in the Regular Air Force.
On 10 Jul 1979, his commander notified him he was recommending
he be discharged under the provisions of AFM 39-12, Separation
for Unsuitability, Unfitness, Misconduct, Resignation, or
Request for Discharge for the Good of the Service and Procedures
for the Rehabilitation. The specific reasons for this action
were:
On or about 1 Feb 1979, he failed to go to his appointed
place of duty in violation of Article 86, for which he received
a Letter of Reprimand (LOR).
On 1 Feb 1979 and 21 Mar 1979, he failed to maintain his
room in accordance with squadron standards for which he was
counseled.
On 15 Mar 1979, he wrongfully had in his possession some
quantity of marijuana in violation of Article 134, UCMJ, for
which he received an Article 15.
2
On 19 Apr 1979, he was administratively disenrolled from
On 3 May 1979, he wrongfully had in his possession some
course number 3ABR91530 due to drug involvement.
quantity of marijuana, for which he received an Article 15.
On 21 May 1979, without authority, he did absent himself
from his place of duty and remained absent until 22 May 1979 for
which he received a LOR.
On 10 Jul 1979, the applicant acknowledged receipt of the
discharge notification.
On 11 Sep 1979, the Staff Judge Advocate found the discharge
legally sufficient and the discharge authority approved his
discharge.
On 19 Sep 1979, the applicant was discharged from the Air Force,
with a under other than honorable conditions discharge. He
served nine months and six days of total active service.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
(Exhibit C).
On 18 Sep 2012, a copy of the FBI report was forwarded to the
applicant for review and comment within 30 days (Exhibit D), as
of this date, no response has been received by this office.
________________________________________________________________
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 compel us to recommend granting the relief sought
2
on that basis. Therefore, in the absence of evidence to the
contrary, we find no basis upon which to recommend granting the
relief sought in this application.
________________________________________________________________
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 29 Nov 2012, under the provisions of AFI
36-2603:
The following documentary evidence was considered in AFBCMR BC-
2012-02180:
Exhibit A. DD Form 149, dated 6 May 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 29 June 2012.
Exhibit D. Letter, AFBCMR, 18 Sep 2012, w/atch.
Panel Chair
, Panel Chair
, Member
, Member
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