RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03997
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to General (under honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
There were mitigating circumstances surrounding the events that
led to his discharge from the Air Force.
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 10 Dec 74.
On 25 Aug 75, the applicant was arrested by civilian authorities
and confined in a domestic penal institution for 80 consecutive
days.
On 12 Nov 75, the applicant was administratively discharged from
the Air Force for misconduct civilian conviction, furnished an
UOTHC discharge, and was credited with 8 months and 15 days of
total active service.
On 19 Mar 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 and
two character statements from his twin brother and 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 an 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
civilian conviction 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 on the basis of 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 for us to recommend an upgrade
of 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-2012-03997 in Executive Sessions on 2 May 13 and
28 May 13, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-03997 was considered:
Exhibit A. DD Form 149, dated 20 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 19 Mar 13, w/atch.
Exhibit D. Letter, Applicant, dated 14 Apr 13, w/atchs.
Panel Chair
AF | BCMR | CY2013 | BC 2012 05304
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05304 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to honorable. On that same date, the staff judge advocate found the case file legally sufficient and recommended the applicant receive an UOTHC discharge. On 29 Dec 77,...
AF | BCMR | CY2012 | BC-2012-03619
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. 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...
AF | BCMR | CY2012 | BC-2012-04136
On 24 Oct 78, the Air Force Discharge Review Board (AFDRB) denied the applicants request to upgrade his Undesirable discharge to an Honorable discharge indicating the discharge was consistent with the procedural and substantive requirements of the discharge regulations and was within the sound discretion of the discharge authority. In the interest of justice, we considered upgrading the discharge on the basis of clemency; however, we do not find the evidence presented is sufficient to...
AF | BCMR | CY2012 | BC-2012-01724
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01724 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) upgraded to honorable. On 11 Mar 88, the applicant was discharged with a reason for separation of request for discharge in lieu of trial by court- martial, with service characterized as...
AF | BCMR | CY2003 | BC-2003-02123
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: BC-2003-02123 INDEX CODE 106.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His 1978 bad conduct discharge (BCD) be upgraded to honorable. He was granted a reduction in his adjudged sentence by the convening authority and a further reduction by the Court of Military Review. A complete copy of the...
AF | BCMR | CY2010 | BC-2010-00689
On 2 Aug 84, the Air Force Discharge Review Board (AFDRB) considered and denied the applicants request for an upgrade of his discharge, concluding the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and he was provided full administrative due process. In response, the applicant provides a statement describing his activities since his discharge as well as two letters in support of...
AF | BCMR | CY2012 | BC-2012-04270
The remaining relevant facts, extracted from the applicants military service record, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. On 26 March 2013, the applicant was given an opportunity to submit comments about his post-service activities (Exhibit E). In the interest of justice, we considered upgrading the discharge based on clemency and considered the applicant's overall post-service activities and accomplishments; however, the evidence...
AF | BCMR | CY2012 | BC-2012-03436
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03436 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to an Honorable discharge. He has lived with and paid for this one mistake for 40 years of his life. Specifically, section 1522(f)(1) permits the correction of a record to reflect...
AF | BCMR | CY2012 | BC 2012 05669
Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to grant the relief sought in this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05669 in Executive Session on 19 Sep 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05669 was considered: Exhibit A. DD...
AF | BCMR | CY2013 | BC 2012 05669
Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to grant the relief sought in this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-05669 in Executive Session on 19 Sep 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05669 was considered: Exhibit A. DD...