RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03619
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 discharged for a civil offense and not a violation of the
Uniform Code of Military Justice (UCMJ). He has paid his debt
to society, learned a lesson, and should be forgiven.
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 Jun 77.
On 13 Aug 79, the applicants commander notified him that he was
recommending his discharge from the Air Force for misconduct
Civil Court conviction. The reasons for the action included the
applicants civil conviction for robbery with firearms for which
he was sentenced to ten years in the state penitentiary;
however, the sentence was suspended and he was given probation.
He was also Absent Without Leave (AWOL) on two occasions for
42 days and ten days, respectively, for which he received
nonjudicial punishment (NJP) under Article 15 of the UCMJ. He
also received numerous other Letters of Counseling (LOCs),
Letters of Reprimand (LORs), and verbal counseling for various
minor infractions.
On 13 Aug 79, he acknowledged receipt of the notification of
discharge and, after consulting with legal counsel, waived his
right to an administrative discharge board and to submit a
statement in his own behalf.
On 27 Aug 79, the case was found to be legally sufficient and,
on 7 Sep 79, the discharge authority directed the applicant be
furnished an Under Other Than Honorable Conditions (UOTHC)
discharge, without probation and rehabilitation. On 10 Sep 79,
the applicant was furnished an UOTHC discharge and was credited
with one year, nine months, and six days of total active
service.
On 19 Feb 13, a request for post-service information was
forwarded to applicant for comment within 30 days (Exhibit C).
In response, the applicant submitted an expanded statement
reiterating his contentions and highlighting some events that
have taken place in his life since his discharge. He also
provided one character statement from a friend (Exhibit D).
________________________________________________________________
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 (UOTHC) discharge for misconduct was
consistent with the substantive requirements of the discharge
regulation and within the commanders discretionary authority.
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. 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 UOTHC 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-2012-03619 in Executive Session on 21 Mar 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Aug 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 19 Feb 13, w/atch.
Exhibit D. Applicants Clemency, dated 13 Mar 13, w/atch.
Panel Chair
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