RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03903 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His under other than honorable conditions (UOTHC) discharge be 
upgraded to a general (under honorable conditions). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was discharged due to misconduct that he did not commit. He 
believes this to be an excessive outcome for a T-shirt that he 
did not steal. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant enlisted in the Regular Air Force on 8 September 
1986. 

 

Court-martial charges were brought against the applicant for 
larceny – a violation of Article 121 of the Uniform Code of 
Military Justice. Specifically, the applicant was charged with 
stealing a t-shirt, a canned ham and cheese - collectively valued 
at less than $100.00 out of a package belonging to a fellow 
airman. 

 

The applicant was advised of his rights in this matter and 
requested discharge in lieu of trial by court-martial. 

 

The discharge authority concurred with the recommendation and 
directed the applicant be discharged. The applicant was 
discharged on 12 February 1990 with an under other than honorable 
conditions (UOTHC) discharge. He served 3 years, 5 months and 
5 days on active duty. 

 

 

 

 

 



On 26 March 2013, a request for information pertaining to his 
post-service activities was forwarded to the applicant for review 
and response within 30 days (Exhibit C). As of this date, this 
office has received no response. 

 

_________________________________________________________________ 

 

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. In the interest of 
justice, we considered upgrading the discharge based on clemency; 
however, we do not find the evidence presented is sufficient 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 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-2012-03903 in Executive Session on 16 May 2013, under 
the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03903 was considered: 

 

 Exhibit A. DD Form 149, dated 9 June 2012, w/atchs. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 26 March 2013.