RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03681
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His punishment was extreme. His character of service was
excellent up to the time of his discharge. He served honorably
and was promoted to grade of E-4 in under two years. He had a
high-level security clearance and was stationed at bases
responsible for guarding nuclear weapons.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Nov 70, the applicant enlisted in the Regular Air Force.
On 26 Sep 74, the applicant was discharged from service and
issued an UOTHC discharge certificate. He served 3 years,
6 months and 13 days on active duty. He had 133 days of lost
time due to confinement.
On 29 Aug 77, the Air Force Discharge Review Board (AFDRB) denied
a similar request by the applicant.
The documents pertaining to the applicants discharge are
contained in the AFDRB Hearing Record at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial. DPSOR states that based on the
documentation on file in his master personnel record, the
applicants discharge was consistent with the procedural and
substantive requirements of the discharge regulation and was
within the discretion of the discharge authority. In addition,
the applicant did not submit any evidence of an error or
injustice that occurred during the discharge processing to
warrant a change to his characterization of service.
The complete DPSOR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 21 Dec 12 and 16 Apr 13, for review and comment within
30 days. As of this date, this office has received no response
(Exhibit D).
_________________________________________________________________
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 an error or injustice. After
careful consideration of the available evidence, we found no
indication that the actions taken to affect his discharge and
characterization of his service were improper, contrary to the
provisions of the governing regulations in effect at the time, or
based on factors other than his own misconduct. In the interest
of justice, we considered upgrading his discharge based on
clemency; however, the applicant has provided no information
pertaining to his post-service activities and accomplishments to
warrant such consideration. Should he provide documentary
evidence pertaining to his activities since leaving the service,
we would be willing to reconsider his request. In the absence of
evidence to the contrary, we find no basis upon which to
favorably consider this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2012-03681 in Executive Session on 30 May 13, under the
provisions of AFI 36-2603:
The following documentary evidence was considered in AFBCMR BC-
2012-03681:
Exhibit A. DD Form 149, dated 14 Aug 12.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 28 Nov 12.
Exhibit D. Letter, SAF/MRBR, dated 21 Dec 12.
Exhibit E. Letter, AFBCMR, dated 16 Apr 13.
Panel Chair
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