RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00502 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to general (under honorable conditions). _________________________________________________________________ APPLICANT CONTENDS THAT: His total service should not be characterized by the one incident that led to his discharge. His records indicate his service was good before his last assignment. In support of his appeal, the applicant provides copies of a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States; a discharge notification letter; an AF Form 7, Airman Military Record; a discharge certificate from the Army National Guard; his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; and his NGB Form 22, National Guard Bureau Report of Separation and Record of Service. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who entered active duty on 9 August 1963 in the grade of airman third class (E-2) with nine years and eight days prior service in the Oklahoma Army National Guard. He received two Article 15s (29 January 1964 and 24 February 1964) for failure to repair. He received punishment of two hours extra duty per day for two weeks for his first Article 15, and, a sixty day restriction to the limits of Tinker Air Force Base and reduction in grade to airman basic (E-1) for his second Article 15. The reduction in grade was initially suspended, but was vacated on 19 March 1964 due to a violation of the restriction. The applicant was Absent without Leave (AWOL) from 10 July 1964 to 30 September 1964. On 1 October 1964, he was arrested by civil authorities for auto theft and confined in county jail pending trial. On 12 October 1964, he was convicted of auto theft and subsequently transferred to a federal reformatory for a period of one year. On 21 October 1964, the applicant was notified of his commander’s intent to recommend him for an undesirable discharge for interstate transportation of a stolen vehicle. The applicant acknowledged receipt of the notification, waived his right to a hearing before a board of officers, and waived his right to submit statements in his own behalf. A Staff Summary Sheet, dated 2 November 1964, indicates the Staff Judge Advocate reviewed the case and found it legally sufficient. On 6 November 1964, the discharge authority approved the recommendation to discharge the applicant with an undesirable discharge. On 18 November 1964, the applicant was discharged in the grade of airman basic with a UOTHC discharge. He served 10 months and 28 days on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI), Clarksburg, WV, provided a copy of an Investigation Report (Exhibit C). On 21 March 2011, the applicant was given an opportunity to submit comments about his post service activities and in response to the FBI Report (Exhibit D). The applicant responded on 12 April 2011, indicating he is 65 years old and disabled. He is looking for a discharge upgrade for his own personal satisfaction. His youth at the time is not an excuse, but he thinks it is a factor. He was not thinking clearly at the time of his discharge as he was 18 years old and had recently lost his only parent. He has not done anything outstanding in his life, but has just tried to maintain a healthy attitude and deal with things as they are. The applicant’s complete rebuttal is at Exhibit E. _________________________________________________________________ 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 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. 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00502 in Executive Session on 29 September 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-00502 was considered: Exhibit A. DD Form 149, dated 1 Feb 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 21 Mar 11, w/atch. Exhibit E. Letter, Applicant, dated 12 Apr 11. Panel Chair