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AF | BCMR | CY2013 | BC-2012-00586
Original file (BC-2012-00586.pdf) Auto-classification: Approved
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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