AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01250
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
As a Native American with a genetic predisposition to alcoholism,
his being stationed at Clark Air Force Base, Philippines,
guaranteed that he would suffer from alcoholism and be discharged
due to alcohol abuse. While he is not arguing the fact that his
conduct was inappropriate, or that he should not have been
discharged, he believes that had he not been stationed in the
Philippines, he would not have developed an alcohol abuse
problem. Had other steps been taken when his initial treatment
for his severe drinking problem proved unsuccessful, he believes
the outcome would have been much different.
In support of his appeal, the applicant provides copies of his DD
Form 214, Certificate of Release or Discharge from Active Duty;
an Incident/Complaint Report; an Airman Performance Report; a
Request for Discharge; a discharge legal review; and a Record of
Inpatient Treatment.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 14 November 1980. He was progressively
promoted to the grade of senior airman (E-4) and served as an
Aircraft Maintenance Specialist.
On 1 October 1981, the applicant received two Letters of
Reprimand (LORs) for failure to go on 16 August 1981 and
1 October 1981. It was noted there was some indication that the
applicant had an alcohol abuse problem which contributed to the
commission of some of the offenses. He was referred to Social
Actions for rehabilitative treatment for his severe drinking
problem without success.
Charges were preferred against the applicant on 12 January 1982
and forwarded with a recommendation for trial by special court-
martial. The charges alleged two violations of Article 86,
Uniform Code of Military Justice (UCMJ), for two short absences
without authority, and one violation of Article 92, UCMJ, for
having a guest of the opposite sex in his military unaccompanied
quarters between the hours of 2400 and 0700. He was also charged
with one specification of robbery of $50 or less from a Taxi
Driver by force and violence, in violation of Article 128, UCMJ.
On 13 January 1982 the applicant requested discharge for the good
of the service. On 22 January 1982, the Staff Judge Advocate
found the case to be legally sufficient. As a result, the
discharge authority approved the applicant be discharged under
the provisions of Air Force Manual 39-12, Chapter 2, Section F,
paragraph 2-78, with an UOTHC discharge.
The applicant was discharged from active duty in the grade of
airman first class (E-3) effective 28 January 1982 with an UOTHC
discharge. His narrative reason for separation was “Request for
discharge for the good of the service.” He served one year, two
months, and six days on active duty.
Pursuant to the Board’s request, the FBI indicated that on the
basis of the data furnished, they were unable to locate an arrest
record pertaining to the applicant.
On 20 November 2012, the applicant was given an opportunity to
submit comments about his post service activities (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
2
disproportionate to the offenses committed. In the interest of
justice, we considered upgrading the discharge based on clemency;
however, we do not find the evidence presented is sufficient to
compel us to recommend granting the relief sought on that basis.
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 that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that 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-2012-01250 in Executive Session on 23 January 2013,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-01250 was considered:
Exhibit A. DD Form 149, dated 2 Mar 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 20 Nov 12, w/atch.
Panel Chair
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