RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00269
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to an Honorable Discharge.
APPLICANT CONTENDS THAT:
He went Absent Without Leave (AWOL) because he was being treated
like dirt because his co-worker and shop chief thought he was
having an affair with a co-workers spouse.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
27 December 1979.
On 17 January 1986, the applicant was notified by his commander
of his intent to recommend his discharge for A Pattern of
Misconduct, under the provisions of AFR 39-10, Paragraph, 5-47b.
The reasons for the action were as follows: On 10 December
1985, he received an Article 15 failure to go at the time
prescribed to his appointed place of duty without authority. On
17 May 1985, he was convicted by a special court martial for
being AWOL from 12 April 1985 to 1 May 1985. On 19 March 1985,
he received a Letter of Counseling for failure to support his
dependents. The letter of notification indicated the applicant
had a right to consult with legal counsel and that he had a
right to appear before an administrative discharge board. If he
waived his right to an administrative discharge board, he still
had the right to submit statements on his behalf.
On 4 February 1986, the applicant acknowledged receipt of the
action and of his right to consult with legal counsel. He
subsequently submitted a request for a conditional waiver of the
rights associated with an administrative discharge board
hearing, provided he receive no less than a general discharge.
On 13 February 1986, the discharge authority rejected his
request of a conditional waiver.
On a letter dated 21 February 1986, applicant consulted with
military counsel and exercised his rights to an administrative
discharge board (ADB).
On 12 March 1986, the ADB convened and determined the applicant
be discharged from the service for misconduct with an Under
Other Than Honorable Conditions (UOTHC) discharge.
On 31 March 1986, the action was found legally sufficient and,
on 2 April 1986, the discharge authority concurred with the
recommendation of the ADB and directed the applicants
discharge.
On 17 April 1986, the applicant was furnished an UOTHC
discharge, and was credited with 6 years, 3 months, and 21 days
of active service, excluding lost time from 4 November 1985 to
5 November 1985, from 1 May 1985 to 8 August 1985, and 12 April
1985 to 30 April 1985.
On 28 April 2014, 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 an 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, in the absence of any evidence related to the
applicants post-service activities, there is no way for us to
determine if the applicants accomplishments since leaving the
service are sufficiently meritorious to overcome the misconduct
for which he was discharged. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought.
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-2014-00269 in Executive Session on 2 December 2014,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Jan 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 28 Apr 14.
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