RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-01948 

 COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions (UOTHC) discharge be 
upgraded to honorable (due to his inability to secure gainful 
employment, medical treatment and veteran’s benefits). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He has not been in legal trouble with the Federal Government 
since his discharge. 

 

In support of his request, the applicant provides a copy of his 
DD Form 214, Report of Separation from Active Duty. 

 

The applicant's complete submission is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 5 Jul 77, the applicant enlisted in the Regular Air Force. 

 

On 7 May 79, Special Court-Martial charges were preferred 
against the applicant for wrongful possession of marijuana and 
wrongful transfer of marijuana on two separate occasions. 

 

On 16 May 79, the applicant submitted a request for discharge 
for the good of the service because his conduct subjected him to 
trial by court-martial under circumstances which could lead to a 
punitive discharge. He consulted counsel and was advised of his 
rights and privileges. 

 

On 25 May 79, the applicant’s squadron commander recommended the 
request for discharge be approved and he be issued an UOTHC 
discharge due to the potential delay and expense involved in the 
judicial process necessary to resolve the issue. The Staff 
Judge Advocate recommended the applicant be discharged and 
issued an UOTHC discharge. 

 

On 5 Jun 79, the 12th Air Force, Chief Military Justice found 
the case legally sufficient and recommended an UOTHC discharge. 
The discharge authority approved the applicant’s request for 
discharge for the good of the service. He was issued an UOTHC 


discharge pursuant to the provisions of AFM 39-12, Separation 
for Unsuitability, Unfitness, Misconduct, Resignation, or 
Request for Discharge for the Good of the Service and Procedures 
for the Rehabilitation, Chapter 2, Section F. 

 

On 15 Jun 79, the applicant was discharged from the Air Force 
with an UOTHC discharge in the grade of airman first class. He 
served 1 year, 11 months and 11 days of total active service. 

 

On 8 Feb 84, the Air Force Discharge Review Board denied the 
applicant’s request for upgrade of his UOTHC discharge to 
honorable. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigations (FBI), Clarksburg, WV, provided a copy of an 
Investigative Report (Exhibit C). 

 

On 18 Aug 11, a copy of the Investigative Report and a request 
for post-service information were forwarded to the applicant for 
response within 30 days, however, it was returned with no 
forwarding address. Also several attempts were made to contact 
the applicant at the phone number provided on his application; 
however, no response was received (Exhibit D). 

 

_________________________________________________________________ 

 

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. After 
thoroughly reviewing the evidence of record, we note the 
applicant does not contend that his discharge from the Air Force 
was inappropriate, or that the actions taken to effect his 
discharge and the characterization of his service were improper 
or contrary to the provisions of the governing regulations in 
effect at the time. In addition, we find insufficient evidence 
to warrant a recommendation that the discharge be upgraded on 
the basis of clemency. We have considered the applicant’s 
overall record of service, the events which precipitated the 
discharge, and the contents of the FBI report; 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-2011-01948 in Executive Session on 22 Sep 11, under 
the provisions of AFI 36-2603: 

 


 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 19 May 11, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Investigation, dated 11 Jul 11. 

 Exhibit D. SAF/MRBC, Letter, dated 18 Aug 11.