RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02393
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to honorable.
APPLICANT CONTENDS THAT:
He was a very young man at that time and got involved with
marijuana. He was arrested by civilian police and received a
probation sentence. The Air Force discharged him as
undesirable. However, since his discharge, he has lived
honorably; completed his college degree, raised seven children
and is retiring. He is a member of the Patriot Guard Riders and
a very strong patriot.
He believes he has paid for his crime and respectfully request
that his discharge be changed to honorable.
The Board should consider his application in the interest of
justice because he has lived an honorable life.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 15 Sep 71, the applicant initially entered the Regular Air
Force.
On 27 Aug 73, after consulting with counsel and having been
advised of his rights, the applicant requested discharge for the
Good of the Service, with service characterized as under
honorable conditions.
On 26 Sep 73, the squadron commander recommended his request be
approved; specifically, because the applicant had difficulty in
meeting Air Force standards in personal appearance and behavior.
The commander noted the following incidents in the applicant's
record:
On 11 Jul 72, the applicant received a Letter of Reprimand (LOR)
for a traffic violation; Article 15 for being Absent Without
Leave (AWOL) for 8 days from 19 - 27 Mar 73; his punishment
consisted of suspended reduction to Airman (Amn) and forfeiture
of $50.00 per month for two months and extra duty for 45 days;
civil court conviction for possession of marijuana; pending
court- martial proceedings for larceny on 12 Jun 73, and civil
confinement for 26 days from 13 Jun 73 - 19 Jul 73.
On 16 Oct 73, the acting staff judge advocate found the case
file legally sufficient and recommended his request be approved
and that he receive an undesirable discharge. On 29 Oct 73, the
discharge authority approved the discharge and directed the
applicant be furnished an "Undesirable Discharge Certificate.
On 1 Nov 73, the applicant was discharged with a narrative
reason for separation; for the good of the service, with service
characterized as UOTHC. He was credited with 2 years and
12 days of active duty service, excluding 26 days of time lost
for AWOL and civil confinement.
A copy of the clemency bulletin was forwarded to the applicant
on 21 Jun 14 (Exhibit C). As of this date, no response has been
received by this office.
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. Considering the
applicants overall record of service, we are not persuaded that
an upgrade of the characterization of his discharge is warranted
on the basis of clemency. Should the applicant provide
additional information, e.g., post-service documentation to
support his claim, we would be willing to reconsider his
request. Therefore, 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 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-2014-02393 in Executive Session on 14 Apr 015 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Jun 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 21 Jun 14, w/atch.
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