RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00326
COUNSEL:
XXXXXXX HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to Honorable.
________________________________________________________________
__
APPLICANT CONTENDS THAT:
He did not follow through with the proper treatment for self-
medication and was given a Bad Conduct Discharge (BCD). The Air
Force Discharge Review Board (AFDRB) upgraded his discharge to
general (under honorable conditions).
In support of his request the applicant provides a copy of VA
Form 21-4138, Statement in Support of Claim.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
__
STATEMENT OF FACTS:
On 11 Jun 1971, the applicant enlisted in the Regular Air Force
for a period of four years.
On 25 Jun 1974, he pled guilty in a special court-martial to
three specifications of failure to obey an order or regulation,
in violation of Article 92, Uniform Code of Military Justice
(UCMJ). At the special court-martial and before a military
judge alone, he was found guilty of the charge and its
specifications. He was sentenced to a BCD, forfeiture of
$200.00 pay per month for four months, confined at hard labor
for four months and reduction to the grade of Airman Basic (AB,
E-1).
On 6 Feb 1975, he was separated with a Under Other Than
Honorable Conditions (UOTHC) discharge [sic]. He served a total
of 3 years, 2 months and 14 days of active duty.
On 23 Sep 1975, the applicant submitted a request to the AFDRB
for an upgrade to his discharge.
On 15 Dec 1975, the applicant was notified that the AFDRB
considered his application and concluded the character of his
discharge be changed to general (under honorable conditions).
On 6 Sep 2013, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(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
disproportionate to the offenses committed. We note that the
AFDRB previously upgraded his discharge to general (under
honorable conditions). 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 additional 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 in
this application.
________________________________________________________________
__
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 this application
in Executive Session on 29 Sep 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-00326:
Exhibit A. DD Form 149, dated 12 Dec 2012, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 6 Sep 2013.
Panel Chair
2
2
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