RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01241
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He needs his discharge upgraded to general to ensure he will
always have Department of Veterans Affairs (DVA) health
benefits.
Since his discharge from the Air Force 33 years ago, he has been
a decent law-abiding citizen. The misconduct which caused his
discharge has changed; he is a model citizen and regrets his
poor conduct. He believed he was over disciplined.
The applicant did not provide any documentation in support of
his appeal.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 1 May 78, the applicant enlisted in the Regular Air Force.
On 8 Feb 80, the applicant was notified of his commanders
intent to recommend he be discharged from the Air Force under
the provisions of AFM 39-12, Separation for Unsuitability,
Misconduct, Resignation, or Request for Discharge for the Good
of the Service and Procedures for the Rehabilitation Program for
frequent involvements of a discreditable nature with military
authorities. The applicant acknowledged receipt of the
notification of discharge and after consulting with counsel,
waived his right to submit a statement on his own behalf. For a
full accounting of the offenses, see the commanders
notification letter at Exhibit B.
On 2 May 80, the applicant appeared before an Administrative
Discharge Board. The board recommended the applicant be
discharged for misconduct, with service characterized as UOTHC
without the offer of probation and rehabilitation.
On 12 May 80, the discharge authority approved the applicants
discharge. On 13 May 80, the applicant was discharged for
general misconduct with service characterized as UOTHC in the
grade of airman basic. He served 2 years and 13 days of total
active service.
In a letter dated, 7 Nov 13, the applicant was offered an
opportunity to provide information pertaining to his activities
since leaving the service (Exhibit C). As of this date, this
office has not received a response.
_________________________________________________________________
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 characterization of the
applicants discharge based on clemency; however, after
considering his overall record of service, the infractions which
led to his administrative separation and lack of post-service
documentation, we are not persuaded that an upgrade is
warranted. In view of the above and 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
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-01241 in Executive Session on 17 Dec 13, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Mar 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 7 Nov 13
Exhibit D. Email, SAF/MRBC, dated 8 Nov 13, w/atch.
Panel Chair
2
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AF | BCMR | CY2013 | BC 2013 03309
k. On 4 Apr 79, the applicant was in violation of AFR 35-10 and again failed to go at the prescribed time to his appointed place of duty. On 9 Nov 79, 22 Nov 79, 2 Dec 79 and 11 Dec 79, the applicant's commander received notice from American Express stating that the applicant's account was overdrawn. On 21 Jan 80, 5 Feb 80, 11 Feb 80, 14 Mar 80, 15 Mar 80 and 15 Apr 80, the applicant's commander received notice from AAFES stating that the applicant had written numerous dishonored checks.
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