RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-01640 

 INDEX CODE: 106.00 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

There was never a military or civilian trial or conviction. He 
was assured the discharge would be upgraded when he signed the 
UOTHC discharge. 

 

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 31 Jul 84 in the grade of airman 
basic (E-1). 

 

On 20 Feb 85, the applicant’s commander notified him of his 
intent to recommend his discharge from the Air Force for a 
pattern of misconduct – conduct prejudicial to good order and 
discipline. The reasons for the action included incidents of 
drunk and disorderly and for being absent without leave (AWOL) 
for which he twice received nonjudicial punishment (NJP), under 
Article 15 of the Uniform Code of Military Justice (UCMJ), 
consisting of forfeitures of pay totaling $720.00 and 30 days 
confinement to correctional custody. During his confinement, he 
breached the restraint imposed by wrongfully entering and 
remaining in the recreation center, fraternizing with two 
females, and being drunk, for which he received NJP consisting 
of seven additional days of confinement in correctional custody. 


On 21 Feb 85, after consulting with legal counsel, the applicant 
acknowledged receipt of the action, waived his right to an 
administrative discharge board, and elected to submit statements 
in his defense. On 5 Mar 85, the case was found legally 
sufficient and the discharge authority approved the commander’s 
recommendation the same day. On 7 Mar 85, he was furnished a 
UOTHC discharge and credited with 6 months and 22 days of total 
active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report 
indicating they were unable to locate an arrest record on the 
basis of the information provided. 

 

A request for post-service information was forwarded to the 
applicant on 25 Oct 10. 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 process. Based on the 
available evidence of record, it appears the applicant’s UOTHC 
discharge for misconduct was consistent with the substantive 
requirements of the discharge regulation and within the 
commander’s discretionary authority. He has provided no 
evidence which would lead us to believe otherwise. We 
considered upgrading the discharge based on clemency; however, 
we do not find the evidence presented is sufficient for us to 
recommend granting the relief sought on that basis. Therefore, 
in the absence of evidence to the contrary, we conclude that no 
basis exists to upgrade the applicant’s UOTHC discharge. 

 

________________________________________________________________ 

 

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-2010-01640 in Executive Session on 7 Dec 10, under the 
provisions of AFI 36-2603: 

 

 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 26 Apr 10, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 25 Oct 10, w/atch.