RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03248

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be changed to honorable.

APPLICANT CONTENDS THAT:

He has learned to value a “good name” and would therefore like to clear his.  He served 17 years of service and has regretted what he did to this day, steal items totaling $304.25 from the Base Exchange, that led to his “other than honorable” discharge.  It has been nearly 30 years since his dismissal and has suffered and carried his shame long enough.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 Aug 68.

On 12 Jun 85, the applicant stole items totaling $144.25 at the Andersen AFB Main Base Exchange.  During the investigation it was found the applicant had stolen tennis shoes at a value of $90.00 in the last week of May 85.  

On 1 Jul 85, his commander presented him with Nonjudicial Punishment (NJP).  On 5 Jul 85, the commander imposed the punishment to include reduction in grade (to Staff Sergeant), forfeiture of $25.00 per month for two months, and 30-days correctional custody (suspended until 4 Jan 86 [as corrected]).  

On 17 Jul 85, the applicant’s commander notified him he was being recommended for discharge from the Air Force base on a commission of a serious offense (larceny).  

On 19 Aug 85, an Administrative Discharge Board (ADB) was held and found the applicant subject to discharge under the provisions of AFR 39-10 and recommended he be separated with a UOTHC discharge and not offered probation and rehabilitation.  

On 11 Oct 85, the applicant’s administrative discharge was found legally sufficient for further processing.

On 3 Jan 86, the Secretary of the Air Force denied the applicant’s request for lengthy service probation and directed the administrative discharge be executed.  

On 23 Jan 86, the applicant was furnished a UOTHC discharge, and was credited with 17 years, 5 months, and 18 days of active service.   

A clemency letter was forwarded to the applicant on 22 Dec 15 for review and comment within 30 days (Exhibit C).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an error or injustice.  We find no impropriety in the characterization of applicant's discharge.  Considered alone, we conclude the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances.  Consideration of this Board, however, is not limited to the events which precipitated the discharge.  In this respect, it may base its decision on matters of equity and clemency rather than simply on whether rules and regulations which existed at the time were followed.  Under this broader mandate and after careful consideration of all the facts and circumstances of the applicant's case, the Board is persuaded that corrective action is appropriate as a matter of equity and on the basis of clemency.  In that regard, the Board notes the numerous character letters offered on behalf of the applicant which clearly demonstrate the applicant’s positive contributions to society since his discharge 30 years ago.  Based on those contributions, the lengthy passage of time, and the comparatively harsh sentence received at his discharge board, his discharge characterization should be upgraded.  However, the change to the applicant's discharge should be limited to a general under honorable conditions.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 23 January 1986, he was discharged with service characterized as general under honorable conditions.  

The following members of the Board considered AFBCMR Docket Number BC-2015-03248 in Executive Session on 16 Aug 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03248 was considered:

	Exhibit A.  DD Form 149, dated 24 Jul 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Clemency Letter, AFBCMR, dated 22 Dec 15,
  w/atch.