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
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