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.
________________________________________________________________
APPLICANT CONTENDS THAT:
He became an alcoholic while on active duty and was never
offered treatment for his condition. His alcoholism was not
recognized as the main reason for his inability to perform to
standards and he was not offered a hearing. He served his
country well until his illness.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 13 Nov 1978, the applicant entered active duty.
On 23 Dec 1980, the applicant requested he be discharged in
accordance with Air Force Manual (AFMAN) 39-12, Separation for
Unsuitability, Misconduct, Resignation or Request for Discharge
for the Good of the Service and Procedures for the
Rehabilitation Program, in lieu of court-martial. He
acknowledged he understood that if his request was approved, he
could receive an UOTHC discharge, be deprived of veterans
benefits and that he may encounter substantial prejudice in
civilian life. He was afforded the opportunity to consult
counsel.
On 9 Jan 1981, his commander recommended the applicants request
for separation be approved. The basis for the recommendation
was that proceeding with court-martial at the time would serve
no useful purpose and be detrimental to the judicial system.
The applicant received two Article 15s, was placed on the
control roster, received several Letters of Counseling (LOC) and
a Letter of Reprimand (LOR) for failure to go and failure to
repair. He was also charged with Absent Without Leave (AWOL)
and marijuana use. The applicant completed the drug
rehabilitation course and all reasonable efforts to remedy the
applicants failure to conform to Air Force standards were
unsuccessful. For a detailed list of charges, please see the
commanders letter in Exhibit B.
On 15 Jan 1981, the staff judge advocate found the discharge
legally sufficient.
On 13 Feb 1981, the applicant was discharged with service
characterized as UOTHC.
He served two years and three months.
On 12 Oct 1983, the Air Force Discharge Review Board disapproved
the applicants request for an upgrade to his discharge.
On 9 Dec 2013, the applicant was afforded the opportunity to
provide information pertaining to his activities since leaving
the service. In response, the applicant states he was placed in
a foster home as a child, was subjected to beatings, mental
cruelty and various other forms of neglect. His foster father,
who served in the Army, used all his funds he obtained from his
parents to purchase a home for his family. His foster father
was getting paid for having him until he reached adult age.
After all the evil that was handed to him as a child, he still
wanted to honor his country and his dead parents. He was
psychologically disadvantaged due to his negative background and
wants the upgrade so he can apply for a Department of Veterans
Affairs (DVA) loan to buy a home of his own. He is not looking
for vindication and would like his discharge to be upgraded.
The applicants complete response is at Exhibit D.
________________________________________________________________
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 during the discharge process. 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 numerous
infractions which led to his administrative separation and the
lack of post-service documentation, we are not persuaded that an
upgrade on this basis is warranted. Therefore, 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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 Docket Number BC-
2013-01788 in Executive Session on 30 Jan 2014, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence in Docket Number BC-
2013-01788 was considered:
Exhibit A. DD Form 149, dated 2 Apr 2013.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 9 Dec 2013, w/atch.
Exhibit D. E-mail, Applicant, dated 2 Jan 2014.
Panel Chair
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