AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-01628 
COUNSEL: NONE 
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: 
 
1. He  made  some  bad  choices  more  than  45  years  ago,  he  cannot 
change the past; however, he hopes the Air Force and his country 
can forgive him.    
 
2. He has not been in any trouble since his discharge.  He has 
been  self-employed  since  1981  in  a  business  that  prides  itself 
in honesty and integrity.  
 
In support of his request, the applicant provides a copy of DD 
Form 293, Application for the Review of Discharge from the Armed 
Forces of the United States. 
 The  applicant's  complete  submission,  with  attachment,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On 14 Oct 65, the applicant enlisted in the Regular Air Force.  
 
On or about 6 Oct 66, until on or about 6 Jan 67, the applicant 
wrongfully  had  in  his  possession  with  intent  to  deceive  a  DD 
Form 2AF,  Identification  Card issued to W------ M, then knowing 
the same to be unauthorized in violation of Article 134, Uniform 
Code of Military Justice (UCMJ).  For this offense, he received 
an Article 15, UCMJ, suspended reduction to the grade of airman 
third class and 14 days extra duty.   
 On  8  May  67,  the  applicant  was  notified  of  his  commander’s 
intent  to  recommend  he  be  discharged  from  the  Air  Force  under 
the  provisions  of  AFM  39-12,  Separation  for  Unsuitability, 
Misconduct,  Personal  Abuse  of  Drugs;  Resignation  or  Request  for 
Discharge  for  the  Good  of  the  Service;  and  Procedures  for  the 
Rehabilitation  Program.    The  applicant  acknowledged  receipt  of 

the  notification  of  discharge.    The  specific  reason  for  the 
proposed action was: 
 
      On  or  about  20  Feb  67,  the  applicant  was  convicted  of 
forgery  by  the  District  Court,  Criminal  Section,  Alexandria, 
Louisiana.  For this offense, he was sentenced to the Louisiana 
State Penitentiary at Angola, Louisiana, to serve at hard labor, 
for a period of three years, which was suspended.  He was placed 
on  active  probation,  under  the  supervision  of  the  Director  of 
Probation and Parole for a period of three years. 
 
After consulting with counsel, the applicant waived his right to 
a hearing before an administrative discharge board and to submit 
a statement in his own behalf.  
 
On  11  Jul  67,  the  Staff  Judge  Advocate  reviewed  the  case  and 
found it legally sufficient to support discharge and recommended 
to  the  834th  Combat  Support  Group  commander  (834  CSG/CC)  that 
the  applicant  receive  a  general  (under  honorable  conditions) 
discharge.   
 
On  13  Jul  67,  the  834  CSG/CC  reviewed  the  case  file  and 
recommended  the  9th  Air  Force  commander  (9  AF/CC)  approve  the 
applicant’s  general  (under  honorable  conditions)  discharge  with 
the offer of probation and rehabilitation.   
 
On  20  Jul  67,  the  9  AF/CC  reviewed  the  case  file;  however,  he 
disagreed  with  the  834  CSG/CC  recommendation  to  discharge  the 
applicant with a general (under honorable conditions) discharge.   
 
On  28  Jul  67,  the  applicant  was  discharged  with  service 
characterized  as  under  other  than  honorable  conditions  (UOTHC) 
in the grade of airman second class.  He served 1 year, 7 months 
and 18 days of total active service. 
 
Pursuant  to  the  Board’s  request,  the  Federal  Bureau  of 
Investigations (FBI) Clarksburg, WV, states they were unable to 
identify  an  arrest  record  on  the  basis  of  the  information 
furnished (Exhibit C).  
 
On  29  Nov  12,  the  applicant  was  offered  an  opportunity  to 
provide  information  pertaining  to  his  activities  since  leaving 
the service.  In response to the request the applicant provided 
a  personal  letter.    The  applicant  states  he  worked  at  Motor 
Parts and Bearings in 1977.  After driving 30 miles one way to 
work  for  several  years,  he  was  given  the  opportunity  to  start 
his own business in 1981.  He was saved in 1987; was ordained a 
deacon in his home church and has done mission work for Blackaby 
Ministries International.    
 
The  applicant’s  complete  response,  with  attachments,  is  at 
Exhibit E. 
 
_________________________________________________________________ 

 

2

 
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.  We  have  thoroughly  reviewed  the  circumstances  surrounding 
the  applicant's  discharge  and  find  no  impropriety  in  the 
characterization of service.  Considered alone, we conclude the 
discharge  proceedings  were  proper  and  characterization  of  the 
discharge  was  appropriate  to  the  existing  circumstances.  
Consideration  of  this  Board,  however,  is  not  limited  to  the 
events  which  precipitated  the  discharge.    Further,  we  may  base 
our  decision  on  matters  of  equity  and  justice,  rather  than 
simply  on  whether  rules  and  regulations  which  existed  at  the 
time  were  followed.  After  careful  consideration  of  the 
applicant’s  request  and  the  evidence  of  record,  we  find 
sufficient  relevant  evidence  has  been  presented  to  demonstrate 
the  existence  of  an  injustice  to  warrant  upgrading  the 
characterization of the applicant’s discharge to general (under 
honorable  conditions)  on  the  basis  of  clemency.    In  this 
respect,  we  note  that  in  support  of  his  request,  the  applicant 
has  provided  a  letter  discussing  his  honorable  character  and 
notable  achievements  in  the  over  45  years  since  his  discharge, 
to include gainful employment and opening his own business.  It 
appears the applicant has successfully transitioned to civilian 
life  and  the  characterization  of  his  discharge  as  UOTHC  no 
longer serves a useful purpose.  Moreover, we find absolutely no 
evidence  of  any  derogatory  involvement  with  any  civil 
authorities  in  the  over  45  years  since  his  discharge.  
Additionally,  based  on  the  recommendations  from  his  unit  and 
wing  commander,  it  was  their  intent  that  he  receive  a  general 
discharge; however, the discharge authority disagreed.  Based on 
a totality of the evidence before us, we find it would be unjust 
for him to continue to endure the effects of the stigma that is 
attached to a UOTHC discharge.  Therefore, in view of the above, 
we deem the interest of justice can best be served by removing 
this  blemish  from  his  life  and  upgrading  his  discharge  to 
general  (under  honorable  conditions)  on  the  basis  of  clemency.  
We considered upgrading his discharge to honorable; however, we 
do not believe that an upgrade to a fully honorable discharge is 
warranted.    Accordingly,  we  recommend  that  his  records  be 
corrected to the extent indicated below.  
 
________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The  pertinent  military  records  of  the  Department  of  the  Air 
Force relating to APPLICANT be corrected to show that on 28 July 

 

3

  
 

Panel Chair 
Member 
Member 

1967,  he  was  discharged  with  service  characterized  as  general 
(under honorable conditions) discharge certificate.  
 
________________________________________________________________ 
 
The  following  members  of  the  Board  considered  AFBCMR  Docket 
Number  BC-2012-01628  in  Executive  Session  on  15  Jan  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 8 May 12, w/atch. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Negative FBI Response, dated 21 May 12.  
Exhibit D.  Letter, SAF/MRBC, dated 29 Nov 12. 
Exhibit E.  Letter, Applicant, dated 14 Dec 12. 

Panel Chair 

 
 

 
 

 
 

 
 

  
  

 
 

 
 

 

4