RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04758 

 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: 

 

During the contested time frame he was young and made many 
mistakes. During his discharge processing he was informed that 
he would receive a general discharge; however, he received a 
UOTHC discharge. He is now 65 years old, has four children, and 
has had no issues with the police. 

 

In support of the applicant’s appeal, he provides a copy of his 
DD Form 214, Armed Forces of the United States Report of Transfer 
or Discharge, DD Form 215, Correction to the DD Form 214, and a 
DD Form 293, Application for the Review of Discharge from the 
Armed Forces of the United States. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 2 April 1964. 

 

On 20 October 1966, the applicant was notified by his commander 
of his intent to recommend that he be discharged from the Air 
Force under the provisions of AFM 39-12. The specific reasons 
were as follows: 

 

 a. On or about 1 July 1965, the applicant was convicted by a 
Special court Martial for larceny. 

 

 b. On or about 20 September 1966, the applicant was punished 
under Article 15, UCMJ for failing to go to his appointed place 
of duty. 

 


 c. On or about 12 October 1966, the applicant was punished 
under Article 15, UCMJ for issuing two worthless checks. Also, 
while serving correctional custody for the two check offense, 
other returned unpaid checks issued by the applicant were 
received. 

 

He was advised of his rights in this matter and elected to submit 
a statement on his own behalf. In a legal review of the case 
file, the assistant staff judge advocate found the case legally 
sufficient and recommended discharge. The discharge authority 
concurred with the recommendation. The applicant was discharged 
with a UOTHC discharge on 28 December 1966. He served 2 years, 
8 months and 27 days on active duty. He had lost time due to 
confinement from 12 July 1965 to 15 September 1965. 

 

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 7 June 2012, 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 a response 
indicating that he received his high school GED in 1976 and in 
1978 received an Associate’s Degree in Liberal Arts. His wife 
opened a gift shop which they worked for 11 years until the 
economy forced them to close. He then worked for Home Depot as a 
plumbing associate. He now receives social security disability. 
(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. Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
relief. Although no evidence was provided or located to show 
that his discharge was improper or not in compliance with 
appropriate directives, it is our opinion that relief on the 
basis of clemency is warranted. It appears the applicant has led 
a stable and productive life since his separation from the Air 
Force. In light of the above, we believe that it would be an 
injustice for him to continue to suffer the adverse effects of a 
UOTHC discharge. Therefore we believe an upgrade of his 
discharge to general (under honorable conditions) is warranted. 
Accordingly the Board recommends that his records be corrected as 
indicated below. 


 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to APPLICANT, be corrected to show that on 28 December 
1966, he was discharged with service characterized as general 
(under honorable conditions). 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04758 in Executive Session on 17 July 2012, under 
the provisions of AFI 36-2603: 

 

All members voted to correct the records, as recommended. The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2011-04758 was considered: 

 

 Exhibit A. DD Form 149, dated 25 November 2011, w/atch. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. FBI Report of Investigation. 

 Exhibit D. Letter, AFBCMR, dated 7 June 2012. 

 Exhibit E. Letter, Applicant, dated 26 June 2012