RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-02776
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to general under honorable conditions.
________________________________________________________________
APPLICANT CONTENDS THAT:
He believes the record is unjust because he served over seven
years in the Air Force under honorable conditions. There was
one incident in his last four months of service that derailed
his career and his life.
The applicant submits no supporting documentation.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 May 1981.
On 15 August 1988, his commander preferred charges against him
for violating a lawful general regulation by wrongfully making
personal solicitation of preparing tax returns for other Air
Force members who were junior in rank, in violation of Article
92 of the Uniform Code of Military Justice (UCMJ); and willfully
aiding, assisting in, counseling, or advising the preparation or
presentation of income tax returns for other Air Force members
which were fraudulent or false as to material matters to wit:
that these members had made contributions to individual
retirement accounts, in violation of Article 134, UCMJ.
On 23 August 1988, the applicant, under advisement of counsel,
requested that he be discharged from the Air Force in lieu of
trial by court-martial. The request was approved on 26 August
1988. The applicant was discharged on 12 September 1988 and his
service was characterized as under other than honorable
conditions.
On 12 December 2012, a request for post-service information was
forwarded to the applicant for response within 30 days. As of
this date, no response has been received by this office
(Exhibit C).
________________________________________________________________
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.
While the applicant contends the record is unjust because he
served over seven years in the Air Force under honorable
conditions, he voluntarily requested discharge in lieu of trial
by court-martial at which time he acknowledged that he
understood the adverse nature of service characterized as UOTHC
and the possible consequences thereof. 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, or unduly harsh. Additionally, in
the absence of any evidence concerning his post-service
activities, we do not find it would be in the interest of
justice to upgrade the discharge on the basis of clemency.
Therefore, in view of the above and 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 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 AFBCMR Docket
Number BC-2012-02776 in Executive Session on 15 February 2013,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02776 was considered:
Exhibit A. DD Form 149, dated 24 Jun 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 12 Dec 12.
Panel Chair
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