RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02343 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. ___________________________________________________________________ APPLICANT CONTENDS THAT: He was unjustly discharged from the Air Force prior to his new commander arriving to the base. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Discharge or Release from Active Duty. His complete submission, with attachment, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 15 Nov 74. The applicant was notified by his commander that he was recommending him for discharge from the Air Force under the provisions of AFM-12, chapter 2, section b, paragraph 2-15a, for frequent involvement of a discreditable nature with military or civil authorities. The specific reasons for this action were for theft; dereliction; failures to repair; disorderly and disruptive behavior; and cannabis abuse. The applicant received Article 15s and Letters of Reprimand for his actions. After a legal review of the case, the staff judge advocate found it legally sufficient. The applicant received an UOTHC discharge on 3 Sep 76 after serving 1 year, 9 months, and 19 days on active duty. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C. On 25 Aug 10, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. On 25 Aug 10, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days (see Exhibit D). In response to our request, applicant provided post-service information, which is attached at Exhibit E. ___________________________________________________________________ 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. After careful consideration of the available evidence, we found no indication the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or the actions taken against the applicant were based on factors other than his own misconduct. In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade to honorable on the basis of clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material 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 for Docket Number BC-2010-02343 in Executive Session on 20 Sep 10 and 13 Oct 10, under the provisions of AFI 36-2603: The following documentary evidence for Docket Number BC-2010- 02343 was considered: Exhibit A. DD Form 149, dated 23 Jun 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 25 Aug 10. Exhibit E. Letter, Applicant, not dated.