RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04305
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He needs an honorable discharge to join the United Services
Automobile Association (USAA).
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 10 Jan 67, the applicant commenced his enlistment in the
Regular Air Force.
On 26 Mar 68, the applicants commander notified him he was
recommending his discharge from the Air Force for frequent
involvement of a discreditable nature with civil or military
authorities. The reasons for the discharge action were he
received non-judicial punishment under Article 15 of the Uniform
Code of Military Justice (UCMJ) for theft of private property,
wrongful appropriation of government property, and making a
false statement. For this misconduct, his punishment consisted
of correctional custody, reduction in rank, base restriction,
and suspension of base driving privileges.
After consulting with legal counsel, the applicant acknowledged
receipt of the action and waived his rights to an administrative
discharge board, or to submit a statement in his own behalf.
On 1 Apr 68, the legal office reviewed the case and found it
legally sufficient and recommended discharge with a general
discharge.
On 4 Apr 68, the applicant was furnished a general (under
honorable conditions) discharge and credited with 1 year,
2 months, and 25 days of total active service.
On 29 Apr 13, a request for post-service information was
forwarded to the applicant for response within 30 days
(Exhibit C). In response, the applicant states he lied about
his tools being stolen from the flight line to avoid having to
pay out of pocket for the tools. He also provided four
character references and documentation showing he submitted an
application for an investigative report from the Federal Bureau
of Investigation (FBI) (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 applicant's complete submission, to include his
rebuttal response, 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 compel us
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 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-2012-04305 in Executive Session on 23 May 2013 and
19 June 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Sep 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 29 Apr 13, w/atch.
Exhibit D. Letter, Applicant, dated 15 May 13, w/atchs.
Panel Chair
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