RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02128 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: He had six years of outstanding service and feels his discharge was unjust. His problems began the six months prior to his discharge. His separation from his wife and children caused him to make some bad choices. His discharge was based on an isolated incident. No supporting documentation was submitted. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 11 Jul 85, the applicant enlisted in the Regular Air Force. On 9 Sep 88, his commander notified him that he was recommending his separation from the Air Force under the provisions of AFR 39- 10, Administrative Separation of Airman. The specific reasons for the action was conduct prejudicial to good order and discipline wherein the applicant wrongfully used marijuana, operated a vehicle under the influence of alcohol, assaulted another airman, failure to go and public intoxication. On 11 Oct 88, he received an under other than honorable conditions discharge after serving 3 years, 8 months and 13 days on active duty. _________________________________________________________________ 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 careful consideration of the available evidence, we found no indication that the actions taken to affect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were based on factors other than his own misconduct. We note the applicant has not submitted documentation pertaining to his post- service activities; therefore, we do not find it in the interest of justice to exercise clemency in this case. However, should he provide information documenting his post-service activities, we may be inclined to reconsider his request based on clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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 this application in Executive Session on 5 Feb 13, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2012-02128: Exhibit A. DD Form 149, dated 17 Apr 12. Exhibit B. Applicant's Master Personnel Records.