RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05448
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to general (under honorable conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
At the time he enlisted in the Air Force he had a great deal of
trouble that resulted in his entry into the juvenile justice
system. He had a lot of problems with authority figures both
prior to and while in the service, which led to time in the brig
and his eventual discharge.
He had become addicted to alcohol and did not receive any
treatment. These issues have followed him into his adult life,
including legal issues. He is trying to get his life back
together; he is no longer homeless and is clean and sober. He is
under treatment in the civilian community for all of his
problems and would like to get his discharge upgraded so that he
may access the services available through the Department of
Veterans Affairs (DVA). This would help him continue to remain
sober as well as obtain suitable employment and become a
productive member in his community. He has been given the dual
diagnosis of substance addiction and Post-Traumatic Stress
Disorder (PTSD) from life events, is in counseling and receiving
medication to help control his problems.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 16 Mar 79, the applicant enlisted in the Regular Air Force
for a period of four years.
On 25 Sep 79, the squadron commander notified the applicant of
administrative discharge action for frequent involvement of a
discreditable nature with civil and military authorities. The
applicant had two Article 15s, two Letters of Reprimand, and was
convicted by a special court-martial. For a full list of the
offenses, please see the commanders notification letter at
Exhibit B. After consulting with counsel, the applicant waived
his right to submit statements in his own behalf. The staff
judge advocate found the case file legally sufficient and
recommended the applicant receive an UOTHC discharge. On
2 Nov 79, the discharge authority approved the UOTHC discharge.
On 6 Nov 79, the applicant was discharged with service
characterized as UOTHC. He was credited with 7 months, and
21 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, in view of the applicants
overall record of service, the numerous infractions 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 that basis.
Should the applicant provide additional information, e.g., post-
service documentation to support his claim, we would be willing
to reconsider his request. 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-2012-05448 in Executive Session on 5 Sep 13, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Dec 61 (sic).
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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