RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05579
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:
He was never arrested, held in custody, or confronted by
military or civilian law enforcement. His correctional
situations were with his commanding officer and not of a serious
nature to justify the discharge he received.
The applicant provides no additional documentation in support of
his appeal.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 June 1971.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFM 39-12. The specific reasons are as follows:
a. The applicant received a written reprimand for failure
to repair.
b. The applicant received three Article 15s for being
absent without leave (AWOL) from 26 to 30 August 1971, 14 to 25
January 1972 and 15 May 1972 to 9 June 1972.
The applicant was advised of his rights in this matter and after
consulting with counsel he elected to waive his right to a
hearing before an administrative discharge board and to submit a
statement on his own behalf. In a legal review of the case
file, the staff judge advocate found the case legally sufficient
and recommended discharge. The discharge authority concurred
with the recommendation and directed the applicant be
discharged. The applicant was discharged on 1 August 1972 with
a UOTHC discharge. He served 1 year and 13 days on active duty.
On 13 July 2014, a request for information pertaining to his
post-service activities was forwarded to the applicant for
review and response within 30 days (Exhibit C). As of this
date, no response has been received by this office.
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 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, based on the evidence before us, we find no
basis to grant clemency at this time. Therefore, in the absence
of evidence to the contrary, we find no basis upon which to
recommend granting the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of an 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-2013-05579 in Executive Session on 14 August 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 November 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 13 July 2014.
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