RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTTER OF DOCKET NUMBER: BC-2012-05972
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to general.
________________________________________________________________
APPLICANT CONTENDS THAT:
He enlisted in the Air Force when he was 17 years old at the
insistence of his father. He was not mentally or emotionally
prepared for military service. He entered into a general
enlistment under the advice of his recruiter. He made it clear
that he wanted to enter to learn a skill and he chose aviation
mechanic; however, instead he was made a packing and crating
specialist.
The applicant submits no supporting documentation.
The applicantÂ’s complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 December
1977. On 22 June 1978, under advisement of counsel, he
requested that he be discharged from the Air Force for the good
of the service. The applicant submitted this request after his
commander preferred charges against him for being absent without
leave (AWOL), in violation of Article 86, Uniform Code of
Military Justice. His commander recommended the request be
approved based on the frequency in which the applicant was AWOL,
as well as, his general attitude about the AWOL and effort
towards rehabilitation. The staff judge advocate found the
discharge legally sufficient on 19 July 1978. The commander
approved the request on 21 July 1978. The applicant was
discharged on 21 July 1978 with an under other than honorable
conditions discharge. He was credited with 4 months and 27 days
of active duty service.
On 11 September 2013, a request for post-service information was
forwarded to the applicant for response within 30 days. As of
this date, no response has been received by this office
(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 during the discharge process. 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, under the advisement of counsel, voluntarily
requested discharge in lieu of trial by court-martial at which
time he acknowledged that he understood the adverse nature of
service characterized as UOTHC and the possible consequences
thereof. 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, or
unduly harsh. Additionally, in the absence of any evidence
concerning his post-service activities, we do not find it would
be in the interest of justice to upgrade the discharge on the
basis of clemency. Therefore, in view of the above and 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-2012-05972 in Executive Session on 17 October 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Dec 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
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