RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02068 INDEX CODE:	110.00

COUNSEL:	NONE HEARING DESIRED:	NO

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APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to an honorable discharge.

APPLICANT CONTENDS THAT:
At the time of his discharge he was not given information on the importance of his discharge.

He would like an upgrade of his discharge so he can receive Veterans Administration (VA) benefits.

In support of his appeal, the applicant provided a Department of Veterans Affairs (DVA) Statement in Support of Claim Form, a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States and a SF Form 180,  Request Pertaining to Military Records.

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

STATEMENT OF FACTS:
Applicant enlisted in the Air Force on 20 Mar 79. His highest grade held was airman basic.

On 20 Jul 79, applicant was involved in an altercation with another airman in which he pulled out a knife and threatened to use it on the other airman. The applicant’s  commander determined that sufficient evidence existed to charge him with aggravated assault with a deadly weapon; however, no formal court-martial charges were brought against the applicant.

The applicant had received a letter of reprimand (LOR) for a similar offense off base.

On 13 Aug 79, after consulting with legal counsel, applicant submitted a voluntary request for discharge for the good of the

service. He understood that if his request was approved he might be discharged with an under other than honorable conditions (UOTHC) discharge.

The base legal office reviewed the case and found it legally sufficient to support separation and recommended applicant’s request for discharge be approved and that he receive an under other than honorable conditions (UOTHC) discharge without probation and rehabilitation.

The discharge authority approved the applicant’s request for discharge and he was discharged on 27 Aug 79, in the grade of airman basic, under the provisions of AFM 39-12, Request for Discharge for the Good of the Service, and he received a UOTHC discharge. He served on active duty for five months and eight days.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 8 Jul 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days, 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, 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. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2008-02068 in Executive Session on 19 Aug 08, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-02068 was considered:

Exhibit A. DD Form 149, dated 5 May 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation.
Exhibit D.  Letter, AFBCMR, dated 8 Jul 08.