RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00666 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded to an Honorable discharge. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He entered the service at a young age and was negatively 
influenced by older service members. He has worked hard to 
further his education and these juvenile acts should not 
continue to affect him. His educational achievements, current 
status as a paralegal and bond recovery agent—both respectable 
careers in today’s society, and the fact that he acted as his 
wife’s caregiver for two years prior to her death are testaments 
to his integrity and the honorable person he has become. 
Therefore, his request should be granted. 

 

In support of his request, the applicant provides copies of his 
Bond Recovery Agent Identification Card and his Colorado 
Identification Card. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 3 Jun 80 in the grade of airman 
basic (E-1) for a period of six years and was progressively 
promoted to the grade of airman first class (E-3), effective and 
with a date of rank of 17 Jul 80. 

 

On 26 May 82, the applicant’s commander notified him of his 
intent to recommend him for discharge from the Air Force for 
frequent involvement of a discreditable nature with civilian or 
military authorities. The reasons for the action included 
various arrests by civil and military authorities for child 
neglect, driving under the influence, possession of marijuana, 
and damage to government property; as well as various incidents 


of reporting late to duty, failure to go to his appointed place 
of duty, leaving his appointed place of duty, unauthorized use 
of a government vehicle, and assault on his spouse. 

 

On 18 Jun 82, the case was found to be legally sufficient and 
the discharge authority approved the applicant’s discharge on 
22 Jun 82. On 24 Jun 82, the applicant was furnished a UOTHC 
discharge and was credited with 2 years and 22 days of total 
active service. 

 

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an investigative Report, 
which is at Exhibit C. 

 

A copy of the FBI Report of Investigation and a request for 
post-service information was forwarded to applicant on 16 Apr 10 
for review and comment within 30 days, but was returned as 
undeliverable (Exhibit D). 

 

________________________________________________________________ 

 

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 an 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. Based on the available evidence of record, it 
appears the applicant’s UOTHC discharge was consistent with the 
substantive requirements of the discharge regulation and within 
the commander’s discretionary authority. Other than his own 
assertions, he has provided no evidence which would lead us to 
believe otherwise. We considered upgrading the discharge based 
on clemency; however, we do not find the evidence presented is 
sufficient to convince us to recommend granting the relief 
sought on that basis. In view of the foregoing, and in the 
absence of evidence to the contrary, we conclude that no basis 
exists for us to recommend an upgrade to the applicant’s UOTHC 
discharge. 

 

________________________________________________________________ 

 

 

 

 

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-2010-00666 in Executive Session on 14 Sep 10, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 4 Jan 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report. 

 Exhibit D. Letter, AFBCMR, dated 16 Apr 10, w/atch.