RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02776 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: He believes the record is unjust because he served over seven years in the Air Force under honorable conditions. There was one incident in his last four months of service that derailed his career and his life. The applicant submits no supporting documentation. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 22 May 1981. On 15 August 1988, his commander preferred charges against him for violating a lawful general regulation by wrongfully making personal solicitation of preparing tax returns for other Air Force members who were junior in rank, in violation of Article 92 of the Uniform Code of Military Justice (UCMJ); and willfully aiding, assisting in, counseling, or advising the preparation or presentation of income tax returns for other Air Force members which were fraudulent or false as to material matters to wit: that these members had made contributions to individual retirement accounts, in violation of Article 134, UCMJ. On 23 August 1988, the applicant, under advisement of counsel, requested that he be discharged from the Air Force in lieu of trial by court-martial. The request was approved on 26 August 1988. The applicant was discharged on 12 September 1988 and his service was characterized as under other than honorable conditions. On 12 December 2012, a request for post-service information was forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office (Exhibit C). ________________________________________________________________ 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 during the discharge process. 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. While the applicant contends the record is unjust because he served over seven years in the Air Force under honorable conditions, he voluntarily requested discharge in lieu of trial by court-martial at which time he acknowledged that he understood the adverse nature of service characterized as UOTHC and the possible consequences thereof. 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, or unduly harsh. Additionally, in the absence of any evidence concerning his post-service activities, we do not find it would be in the interest of justice to upgrade the discharge on the basis of clemency. Therefore, in view of the above and 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-2012-02776 in Executive Session on 15 February 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-02776 was considered: Exhibit A. DD Form 149, dated 24 Jun 12. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBC, dated 12 Dec 12.