RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03029
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was so close to finishing his enlistment that it was unfair
for him to receive a bad discharge. He has been a good
citizen since his discharge.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 22 Nov 68.
On 22 Apr 72, the applicant was referred to trial by special
court-martial charged with three specifications of assault and
battery in violation of Article 128, Uniform Code of Military
Justice (UCMJ).
On 26 Apr 72, the applicant requested discharge in lieu of trial
by court-martial to the commander exercising general court-
martial jurisdiction.
On 12 May 72, the applicants request was approved for the good
of the service under the provisions of Section F, AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or
Request for Discharge for the Good of the Service and Procedures
for the Rehabilitation Program. The applicant was furnished an
Under Other Than Honorable Conditions discharge, effective
14 May 72, and was credited with 3 years, 5 months, and 23 days
of total active service.
On 28 Jul 79, the applicant submitted a DD Form 293, Application
For Review of Discharge or Dismissal From The Armed Forces of
the United States.
On 16 Nov 79, the Air Force Discharge Review Board denied his
application and advised him of his right to appeal to the Air
Force Board for Correction of Military Records.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an investigative Report,
with negative findings (Exhibit C).
On 11 Jan 13, the FBI report and a request for post-service
information was forwarded to applicant for review and comment
within 30 days (Exhibit D).
In response, the applicant submitted an expanded statement and
five character statements from friends and co-workers (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 error or injustice. We took notice
of the applicants 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 applicants Under Other Than
Honorable Conditions discharge for misconduct was consistent
with the substantive requirements of the discharge regulation
and within the commanders discretionary authority. While the
applicant contends it was unfair for him to receive a BCD so
close to the end of his enlistment, he voluntarily requested to
be discharged in lieu of trial by court-martial. He has
provided no evidence which would lead us to believe the
characterization of his service was improper or contrary to the
provisions of the governing directive. Additionally, he
acknowledged that his request for discharge, if approved, may
result in an undesirable discharge under conditions other than
honorable. 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 on that basis. In view of the
foregoing, and in the absence of evidence to the contrary, we
conclude that no basis exists to upgrade the applicants Under
Other Than Honorable Conditions 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-2012-03029 in Executive Session on 28 Feb 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03029 was considered:
Exhibit A. DD Form 149, dated 1 May 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 9 Aug 12.
Exhibit D. Letter, AFBCMR, dated 11 Jan 13, w/atchs.
Exhibit E. Letter, Applicant, w/atchs.
Panel Chair
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