RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03906
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions (UHC)) be changed to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
It has been 18 years since his discharge. He was young and
wanted to get of his job. He did what he thought was right at
the time, but knows now that young people do not think straight.
He paid for his mistakes later in life.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified by commander that he was recommending
him for discharge from the Air Force under the provisions of AFR
39-10, paragraph 5-49c, Other Serious Offenses. The specific
reason for this action was for acquiring stolen property. He
pled guilty to the offense of Theft Over $200.00 and Under
$750.00 in County Court. The Court deferred further proceedings
without entering an adjudication of guilt, placed him on
probation for a term of 1 year conditioned on him paying court
costs/fees and fines of $408.00, and he was ordered to perform 80
hours of community service. The Air Force did not know about the
conviction until a third party informed them in June 1994. A
similar offense (Larceny, Article 121) under the Uniform Code of
Military Justice (UCMJ) carries a maximum punishment of a
dishonorable discharge, 5 years in confinement, total forfeitures
of all pay and allowances, and reduction to E-1.
On 29 Jul 94, the Deputy Staff Judge Advocate found the case
legally sufficient to warrant discharge. The administrative
discharge case went before the commander as the Special Court-
Martial Convening Authority to review and approve the discharge
on 4 Aug 94. The applicant received a general (UHC) discharge on
12 Aug 94 after serving 3 years, 8 months, and 29 days on active
duty.
On 2 Apr 13, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. In response to our request, applicant provided
post-service information, which is attached at 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 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 his 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, the applicant has provided no evidence concerning his
post-service activities to warrant such consideration.
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 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-2012-03906 in Executive Session on 16 May 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 2 Apr 13, w/atch.
Exhibit D. Letter, Applicant, undated.
Panel Chair
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