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AF | BCMR | CY2014 | BC 2014 02393
Original file (BC 2014 02393.txt) Auto-classification: Denied
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 applicant’s 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 
applicant’s 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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