RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2012-02970
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
__________________________
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There is no error in his record; however, he is now age 60 and
unemployed for the first time. Having his discharge upgraded
would be beneficial to obtaining a job or benefits. He has
raised two wonderful children and has been a contributing member
of society.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
entered active duty on 18 December 1972.
On 19 May 1972, the applicant pled guilty and was convicted by a
civilian court of receiving stolen property of a value in excess
of $100. As a result, he was sentenced to correctional custody
for a period of not more than five years and recommended to
receive treatment for narcotics addiction.
On 28 July 1972, his commander recommended the applicant for an
undesirable discharge for misconduct because of his civil court
disposition. The applicant requested a hearing but waived his
right to submit statements in his own behalf.
A discharge board of officers was convened on 19 September 1972
to determine whether the applicant should be discharged. After
considering the evidence, the board recommended the applicant be
administratively discharged with an undesirable discharge under
the provisions of Air Force Manual 39-12, paragraph 2-25. The
discharge
and
recommendation and directed the applicant be discharged with an
undesirable discharge.
board’s
findings
authority
approved
the
The applicant was discharged from active duty in the grade of
airman first class (E-3) effective 17 October 1972 with an UOTHC
discharge. He served 1 year, 3 months, and 14 days on active
duty with 171 days lost time.
On 26 June 1973, the Discharge Review Board (DRB) considered and
denied the applicant’s request to upgrade his discharge.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C).
On 24 January 2013, the applicant was given an opportunity to
submit comments about his post service activities and in response
to the FBI Report (Exhibit D). In response, the applicant
provided a personal statement and resume (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. 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
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
2
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-02970 in Executive Session on 4 April 2013, under
the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-02970 was considered:
Exhibit A. DD Form 149, dated 25 Jun 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 24 Jan 13, w/atchs.
Exhibit E. Letter, Applicant, not dated, w/atch.
____________________, Panel Chair
____________________, Member
____________________, Member
____________________
Panel Chair
3
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