RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00887
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He had a heart problem at the time of his induction that was not
detected. Due to his heart condition, he was not able to keep
up with the strenuous lifestyle of the Air Force. His attorney
told him his discharge would be upgraded six months following
his release from service.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 27 Sep 68.
The applicants commander initiated an action to discharge him
because of his frequent involvement of a discreditable nature
with civil or military authority. The basis of this action was
as follows:
a. On 22 Nov 68, the applicants commander issued him
nonjudicial punishment (Article 15) under the Uniform Code of
Military Justice (UCMJ) for being absent without authority from
18 Nov 68 through 20 Nov 68. His punishment consisted of seven
days of correctional custody, forfeiture of $23.00 per month for
one month, and a reduction to the grade of airman basic (E-1),
which was suspended for 90 days.
b. On 13 Jan 69, the applicants commander vacated the
suspended reduction to the grade of airman basic (E-1) due to
him being absent without authority from 3 6 Jan 69.
c. On 24 Jan 69, the applicants commander issued him a
second Article 15 under the UCMJ for being absent without
authority from 3 Jan 69 through 6 Jan 69 and 13 Jan 69 through
20 Jan 69. His punishment consisted of confinement to
correctional custody for 30 days and forfeiture of $51.00 per
month for two months.
d. On 3 Feb 69, the applicant escaped from correctional
custody in violation of Article 134 of the UCMJ, and was later
apprehended.
It was also noted that subsequent to the initiation of the
discharge action the applicant admitted to the Chief,
Psychiatric Clinic, that he was a homosexual, a fact which was
corroborated by the Office of Special Investigation (OSI).
During the OSI investigation, the applicant stated quite
forthrightly that he is confessing that he is a homosexual at
this point because he wants out of the service.
On 14 Feb 69, the case was reviewed and determined to be legally
sufficient.
On 27 Feb 69, the discharge authority directed that the
applicant be discharged and furnished an Undesirable Discharge.
On 3 Mar 69, the applicant was furnished a UOTHC discharge and
was credited with 4 months and 25 days of active service.
On 12 Oct 71, the Air Force Discharge Review Board (AFDRB)
reviewed the applicants request to upgrade his discharge, but
denied the request because the facts of record in his case did
not warrant changing the type of discharge.
On 3 Dec 13, a request for post-service information was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by this
office (Exhibit C).
________________________________________________________________
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 applicants complete submission in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred in the discharge process. Based on the available
evidence of record, it appears the applicants Under Other Than
Honorable Conditions (UOTHC) discharge for frequent involvement
of a discreditable nature with civil or military authorities was
consistent with the substantive requirements of the discharge
regulation and within the commanders discretionary authority.
He has provided no evidence which would lead us to believe the
characterization of his service was improper or contrary to the
provisions of the governing directive. While we note that the
evidence of record indicates the applicant made a homosexual
admission subsequent to the initiation of discharge proceedings,
the basis for the discharge action was the applicants
misconduct, not his homosexual admission. Therefore, in view of
the fact that the applicants misconduct, irrespective of his
homosexual admission, formed more than an adequate basis for his
UOTHC discharge, it would not be appropriate for this Board to
upgrade the applicants characterization of service based on the
repeal of the law known as Dont Ask, Dont Tell (DADT). In
the interest of justice, we considered upgrading the applicants
discharge based on clemency. However, in the absence of any
evidence pertaining to the applicants activities since leaving
the service, we find no basis to recommend granting the
requested relief on that basis. Therefore, in the absence of
evidence to the contrary, we conclude that no basis exists to
upgrade the applicants Undesirable discharge.
________________________________________________________________
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-2013-00887 in Executive Session on 23 Jan 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Feb 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFBCMR, dated 3 Dec 13, w/atch.
Panel Chair
3
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