RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01885 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 driving his privately owned vehicle and it became mired in very deep mud. He used a government vehicle to pull his car out of the mud and the government vehicle became stuck. There was no criminal or malicious intent to his actions. His only goal was to retrieve his vehicle. He had three years of honorable service prior to this incident and he never would have taken this action had he not felt it was his only option at the time. In support of his request, the applicant submits a personal statement and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 8 July 1980. Between July 1980 and February 1982, the applicant wrongfully appropriated a government truck and car. He was also given a Letter of Reprimand for failure to report to duty on 2 August 1981. On 19 January 1982, the applicant requested discharge under AFM 39-12, paragraph 2-78 for the good of the service. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. The discharge authority concurred with the recommendation and directed a UOTHC discharge. The applicant was discharged on 5 February 1982. He served 1 year, 6 months and 28 days on active duty. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit C. On 1 August 2011, a copy of the FBI Report of Investigation and a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit D). The applicant provided character reference letters and a certificate of achievement in nurturing in support of his appeal (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. Furthermore, we do not find clemency is appropriate in this case in light of the contents of the FBI report. 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 an 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-2011-01885 in Executive Session on 2 February 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-01885 was considered: Exhibit A. DD Form 149, dated 29 April 2011, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Federal Bureau of Investigation Report. Exhibit D. Letter, AFBCMR, dated 1 August 2011. Exhibit E. Letter, Applicant, not dated, w/atchs.