AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00586
COUNSEL: DAV
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received an honorable discharge for his first enlistment. He
was unfairly passed over for promotion and lost his bearing and
received an UOTHC discharge. He completed all training and
missions successfully and honorably. He is an elderly veteran
who deserves and needs service connected disability.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 Jun 54, the applicant commenced his initial enlistment in
the Regular Air Force.
The applicant was recommended for discharge from the Air Force
under the provisions of Air Force Regulation (AFR) 39-22 for a
conviction by a civil court. On or about 23 Oct 57 and 13 Dec
57, the applicant obtained 80 bottles of liquor from the Class VI
liquor store and sold it to British Nationals. His punishment
from the civil court was a fine of $512.40. The maximum
punishment under the Uniform Code of Military Justice (UCMJ) was
a dishonorable discharge and confinement at hard labor for two
years for each offense.
On 22 Nov 58, the applicant was furnished an under other than
honorable conditions discharge. He was credited with four years,
five months and five days of total active service.
The applicant appealed to the Air Force Discharge Review Board
(AFDRB) to have his UOTHC discharge upgraded to honorable. On
4 Apr 60, the AFDRB considered and denied the applicant’s request
for an upgrade of his discharge.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 11 Oct 12, a copy of the FBI Investigative Report was
forwarded to the applicant along with a request for post-service
documentation for review and comment within 30 days (Exhibit D).
In response, the applicant states he was being considered for
promotion to Airman First Class only to be passed over by someone
who had less time in grade than him. He was angry and developed
a bad attitude. He was married with a child and could use the
increase in pay for his family. He admits to selling a few
bottles of liquor to his civilian friends and that’s what got him
in trouble along with a bad attitude. While the FBI
investigative report lists a drug charge, the drugs were not
found on him, but in the truck he was driving. He does not now,
nor has he ever done drugs. He does not even drink beer. The
applicant’s complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of injustice warranting some relief.
After thoroughly reviewing the evidence of record and the
applicant’s complete submission, we are persuaded that it is in
the interest of justice to upgrade the applicant’s character of
service from under other than honorable conditions (UOTHC) to
general (under honorable conditions) on the basis of clemency.
Although no evidence was provided to show that his discharge was
improper or not in compliance with appropriate directives, in
view of the passage of time and the applicant’s successful post-
service transition, we believe it would be an injustice for the
applicant to continue to suffer the adverse effects of his UOTHC
discharge. While we note the FBI report contained entries
relative to an arrest in 1970, it appears as though he has led a
stable and productive life in the more than 40 years since then.
In this respect, we note the several supporting statements the
applicant has provided attesting to his good character and
standing in his community. In view of the above, we believe that
it would be an injustice for him to continue to suffer the
adverse effects of a UOTHC discharge. Therefore we believe an
upgrade of his discharge to general (under honorable conditions)
is warranted. Accordingly we recommend that his records be
corrected as indicated below.
_________________________________________________________________
2
Panel Chair
Member
Member
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that on
22 November 1958, he was discharged with service characterized as
general (under honorable conditions).
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00586 in Executive Session on 12 Mar 13, under the
provisions of AFI 36-2603:
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Feb 12.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 1 Oct 12, w/atchs.
Exhibit E. Letter, Applicant, undated, w/atchs
Panel Chair
3
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