RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04304
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to an honorable or medical discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has recently had some medical issues and tried to get help
through the VA; however, because of his UOTHC he was denied
assistance.
While stationed at Kunsan Air Base he injured his knee playing
ball for the base intramural team. He was sent to Japan for
surgery and after rehabilitation he reinjured the same knee.
Directly after returning to work he was offered two options;
cross train into a different career field or be permanently
separated under honorable/medical conditions. He opted for the
medical discharge. He received an Article 15 for falsifying a
document. He later received an Article 15 for disorderly
conduct.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 20 May 1981.
The applicant was notified by his commander of his intent to
recommend his discharge from the Air Force under the provisions
of AFR 39-10 Misconduct. The specific reasons follow:
a. On 12 February 1982, the applicant received a Letter of
Counseling (LOC) for his involvement in an affray on or about
10 February 1982.
b. On 19 November 1982, the applicant received a Letter of
Reprimand (LOR) for failing to go to his appointed place of duty.
c. On 30 March 1983, the applicant received non-judicial
punishment under Article 15 for failing to go to his appointed
place of duty.
d. On 13 May 1983, the applicant received a LOR for failing
to go to his appointed place of duty.
e. On 6 October 1983, the applicant received non-judicial
punishment under Article 15 for disorderly conduct in a public
place and for making a false official statement.
He was advised of his rights in the matter and after consulting
with counsel the applicant elected to waive his right to a
hearing before an administrative discharge board and to submit a
statement on his own behalf. In a legal review of the case file,
the staff judge advocate found the case legally sufficient and
recommended discharge. The discharge authority concurred with
the recommendation and directed an UOTHC discharge. The
applicant was discharged on 19 December 1983. He served 2 years,
7 months on active duty and was credited with 2 years and 12 days
foreign service.
On 2 April 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-2012-04304 in Executive Session on 30 May 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-04304 was considered:
Exhibit A. DD Form 149, dated 12 September 2012, w/atch.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 2 April 2013.
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