RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04642
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
APPLICANT CONTENDS THAT:
He was not given the proper guidance, counseling, or support
when his first offense was committed. He was a troubled and
depressed young man who had recently lost his father and turned
to alcohol. Had the Air Force taken the initiative to help him,
rather than punish him, his life would not have continued down
the dark path of alcoholism.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the applicants military personnel records, he
initially entered the Regular Air Force on 23 Dec 85.
On 8 Jan 90, the applicants commander notified him of his
intent to recommend his discharge for a pattern of misconduct
discreditable involvement with military or civilian authorities.
The reasons for the action included the following:
a. On or about 8 Aug 89, the applicant drove while drunk,
for which he was convicted by a Special Court-Martial, confined
for four months, forfeited $450.00 pay per month for four
months, and was reduced to the grade of airman basic (E-1).
b. During Nov 88, he drove a vehicle while intoxicated and
failed to report this offense to his unit, for which his non-
commissioned officer status was vacated.
c. On or about 5 Dec 86, he was derelict in the
performance of his duties, for which he received non-judicial
punishment (NJP) under Article 15 of the Uniform Code of
Military Justice (UCMJ), which included suspended reduction to
the grade of airman first class (E-3), forfeiture of $150.00 pay
per month for two months and thirty days of correctional
custody.
d. On or about 2 Nov 86, he was drunk and beat his wife
and drove under the influence of alcohol, for which he received
a letter of reprimand (LOR).
e. From on or about Dec 85 to Jan 86, he wrote numerous
checks, with insufficient funds, for which he received an LOR.
On 8 Jan 90, the applicant acknowledged receipt of the action
and requested a conditional waiver of his right to appear before
an administrative discharge board, provided he receive a
discharge characterization of at least general (under honorable
conditions).
On 22 Feb 90, the discharge authority rejected the applicants
request for a conditional waiver of the administrative discharge
board proceedings.
On 12 Mar 90, the applicant submitted a request for an
unconditional waiver of the administrative discharge board
proceedings.
On 22 Mar 90, the applicants request for an unconditional
waiver of the administrative discharge board proceedings was
found to be legally sufficient.
On 23 Mar 90, the discharge authority accepted the applicants
unconditional waiver and concurred with the commanders
recommendation and directed the applicant be furnished a UOTHC
discharge.
On 26 Mar 90, the applicant was furnished a UOTHC discharge and
was credited with 7 years, 5 months, and 22 days of total active
service.
On 27 Jun 14, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. In response, the applicant provides copies of two
supporting statements and an expanded personal statement
describing his activities since leaving the 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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of this case; however, we find no evidence or an error or
injustice that occurred during the discharge processing. Based
on the available evidence of record, it appears the applicants
discharge was carried out in accordance with the directive under
which it was affected and that he was provided full
administrative due process. In the interest of justice, we
considered upgrading the discharge based on clemency; however,
we do not find the evidence presented is sufficient to conclude
that his contributions to his community since leaving the
service are sufficient to overcome the misconduct for which he
was discharged. Therefore, in the absence of evidence the
discharge was disproportionate to the circumstances, there was
an abuse of discretionary authority, or the applicant was
deprived of rights to which he was entitled, we find no basis to
recommend favorable consideration of the application.
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-2013-04642 in Executive Session on 23 Sep 14, under
the provisions of AFI 36-2603:
Ms., Panel Chair
Mr., Member
Mr., Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-04642 was considered:
Exhibit A. DD Form 149, dated 30 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 27 Jun 14.
Exhibit D. Letter, Applicant, 15 Jul 14, w/atchs.
Exhibit E. FBI Report.
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