RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03941 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded. _________________________________________________________________ APPLICANT CONTENDS THAT: His wife was having problems and he felt that he had to take care of her. He states he wrote a letter to the Air Force explaining the situation and that he would return. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 14 December 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 three different occasions the applicant did between 23 May 1967 and 4 August 1967 receive non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to go to his appointed place of duty. b. On or about 1 September 1967, the applicant did without proper authority absent himself from his organization and remained absent until 30 October 1967. For this misconduct he was tried and found guilty by a Special Court-Martial. c. On or about 22 November 1967, the applicant did without proper authority absent himself from his organization and remained absent until 28 November 1967. For this misconduct he was tried and found guilty by a Special Court-Martial. He was advised of his rights in this matter and elected to present his case before an administrative discharge board and he also elected not to submit a statement on his own behalf. The administrative discharge board recommended discharge without consideration for probation and rehabilitation. The discharge authority concurred with the recommendation and directed the applicant be discharged. The applicant was discharged on 2 May 1968 with an under other than honorable conditions (UOTHC) discharge. He served 11 months and 22 days on active duty. His dates of time lost consisted of 1 September 1967 to 29 October 1967 and 22 November 1967 to 18 February 1968. On 17 April 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. 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-2012-03941 in Executive Session on 30 May 2013, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03941 was considered: Exhibit A. DD Form 149, dated 3 August 2012. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 17 April 2013.