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AF | BCMR | CY2013 | BC-2012-01250
Original file (BC-2012-01250.pdf) Auto-classification: Denied
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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