RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03903
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to a general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged due to misconduct that he did not commit. He
believes this to be an excessive outcome for a T-shirt that he
did not steal.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 8 September
1986.
Court-martial charges were brought against the applicant for
larceny a violation of Article 121 of the Uniform Code of
Military Justice. Specifically, the applicant was charged with
stealing a t-shirt, a canned ham and cheese - collectively valued
at less than $100.00 out of a package belonging to a fellow
airman.
The applicant was advised of his rights in this matter and
requested discharge in lieu of trial by court-martial.
The discharge authority concurred with the recommendation and
directed the applicant be discharged. The applicant was
discharged on 12 February 1990 with an under other than honorable
conditions (UOTHC) discharge. He served 3 years, 5 months and
5 days on active duty.
On 26 March 2013, a request for information pertaining to his
post-service activities was forwarded to the applicant for review
and response within 30 days (Exhibit C). As of this date, this
office has received no response.
_________________________________________________________________
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
recommend granting the relief sought on that basis. Therefore,
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 the evidence presented did not
demonstrate the existence of an 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-2012-03903 in Executive Session on 16 May 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03903 was considered:
Exhibit A. DD Form 149, dated 9 June 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 26 March 2013.
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