RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01148
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
His commanding officer blatantly lied to him regarding his
character of service. He was told that he would receive a
general (under honorable conditions) discharge; however, he
received a UOTHC.
In support of the applicants appeal, he provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 October
1970.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFM 39-12. The specific reason is the applicants
frequent involvement of a discreditable nature with civil and
military authorities. He received two Article 15s for failure
to go and for being absent without leave (AWOL); he was found
guilty by a Special Court-Martial for being AWOL and uttering
three bad checks; he received Letters of Reprimand (LORs) and a
Letter of Admonishment for being AWOL, for being out of the
proper uniform and failing to go to appointed place of duty on
several occasions, and for wearing the improper uniform.
He was advised of his rights in this matter. In a legal review
of the case file, the staff judge advocate found the case
legally sufficient and recommended discharge. The discharge
authority concurred with the recommendation and directed the
applicant be discharged. The applicant was discharged on 26
October 1972 with a UOTHC discharge. He served 1 year, 11
months and 24 days on active duty.
________________________________________________________________
_
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, based on the evidence before us, we find no
basis to grant clemency at this time. 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 the evidence presented did not
demonstrate the existence of an 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-2013-01148 in Executive Session on 14 November 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 February 2013.
Exhibit B. Applicants Master Personnel Records.
2
3
AF | BCMR | CY2012 | BC-2012-05972
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTTER OF DOCKET NUMBER: BC-2012-05972 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to general. 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 during the...
AF | BCMR | CY2013 | BC 2013 05579
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05579 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to general (under honorable conditions). As of this date, no response has been received by this office. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the...
AF | BCMR | CY2012 | BC-2012-05789
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05789 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to general. 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...
AF | BCMR | CY2013 | BC 2013 01268
On 12 March 1997, the applicant requested an administrative discharge board. On 21 April 1997, his commander amended his 11 March 1997 notification memorandum by adding an additional reason for discharge (the applicants civilian arrest for firing a handgun at a civilian residence). ________________________________________________________________ _ The following members of the Board considered AFBCMR Docket Number BC-2013-01268 in Executive Session on 12 December 2013, under the provisions...
AF | BCMR | CY2013 | BC-2013-01788
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01788 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded. On 9 Jan 1981, his commander recommended the applicants request for separation be approved. On 9 Dec 2013, the applicant was afforded the opportunity to provide information...
AF | BCMR | CY2010 | BC-2010-01640
We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient for us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicants UOTHC discharge. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01640 in Executive Session on 7 Dec 10,...
AF | BCMR | CY2012 | BC-2012-03619
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03619 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to Honorable. 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...
AF | BCMR | CY2012 | BC-2012-04261
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04261 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to general (under honorable conditions). _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air...
AF | BCMR | CY2013 | BC 2013 03209
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03209 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The SJA noted the squadron commander recommended the applicant receive an UOTHC discharge; however, SJA agrees that it was in the best interest of the Air Force...
AF | BCMR | CY2012 | BC-2012-01724
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01724 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) upgraded to honorable. On 11 Mar 88, the applicant was discharged with a reason for separation of request for discharge in lieu of trial by court- martial, with service characterized as...