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.
________________________________________________________________
APPLICANT CONTENDS THAT:
When he applied for the discharge he was told he would receive a
general (under honorable conditions) discharge. He was totally
surprised when he received the UOTHC character of service.
In support of his appeal, the applicant provides copies of his
DD Forms 214, Report of Separation from Active Duty, issued in
conjunction with his 21 Oct 71, 21 Oct 75, and
18 Jan 78 separations.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Prior to the events under review, the applicant reenlisted on,
22 Oct 75, for a period of four years.
On 7 Dec 77, after consulting with counsel, the applicant
requested discharge for the good of the service in lieu of trial
by court-martial. On 13 Dec 77, the squadron commander
recommended that the applicants request be approved. He noted
that his misconduct was of such a nature that his expeditious
separation was in the best interest of the Air Force, himself,
and the base community. For a full list of the offenses, please
see the staff judge advocates recommendation letter, dated
13 Dec 17 at Exhibit B. 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, the
discharge authority approved the UOTHC discharge.
On 18 Jan 78, the applicant was discharged by reason of good of
the service, in lieu of court-martial, with service
characterized as UOTHC. He was credited with 9 years, 8 months,
and 20 days of active duty service.
________________________________________________________________
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 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 applicants discharge on
the basis of clemency; however, based on the applicants overall
record of service, the egregious misconduct which led to his
administrative separation and the lack of post-service
documentation, we are not persuaded that an upgrade of the
characterization of his discharge is warranted on the basis of
clemency. 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-2012-05304 in Executive Session on 27 Aug 13, under
the provisions of AFI 36-2603:
Although Mr. Parker chaired the panel, in view of his
unavailability, Ms. Cannon has signed as Acting Panel Chair.
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Acting Panel Chair
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