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 applicants 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 Airmans Annex of a Noncommissioned
Officers 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 applicants 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
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-2014-01109 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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