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AF | BCMR | CY2013 | BC-2013-01241
Original file (BC-2013-01241.txt) Auto-classification: Denied
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 commander’s 
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 commander’s 
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 applicant’s 
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 
applicant’s 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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