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AF | BCMR | CY2014 | BC 2014 01109
Original file (BC 2014 01109.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01109

					COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded.


APPLICANT CONTENDS THAT:

He was young and immature while he was in the Air Force.  He 
acknowledges he made poor choices but has turned his life 
around.  He now recognizes what a privilege it was to serve in 
the military.  Presently, he makes a difference in the life of 
others by serving as a                facilitator, assisting 
veterans with mental illnesses.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 10 Sep 65, the applicant initially entered the Regular Air 
Force.

On 21 Jan 69, the applicant was sentenced to confinement at hard 
labor for six months for being found guilty in a special court- 
martial.  He was found guilty of multiple specifications of 
stealing money from the Airman’s Annex of a Noncommissioned 
Officer’s club, being apprehended in an off-limits subzone in,                
Republic of Vietnam, and multiple periods of being absent 
without leave.

On 4 Sep 69, according to the applicant’s DD Form 214, he was 
furnished an Under Other Than Honorable Conditions (UOTHC) 
discharge and was credited with three years, six months, and 
four days of active service.



On 28 Jul 14, a request for post-service information was 
forwarded to the applicant for review and response 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 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s 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-2014-01109 in Executive Session on 17 Dec 14 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member
The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01109 was considered:

	Exhibit A.  DD Form 149, dated 10 Mar 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, SAF/MRBR, dated 28 Jul 14.

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