RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03525 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. _________________________________________________________________ APPLICANT CONTENDS THAT: It has been over 30 years since he was discharged from the Air Force. He is a good citizen; however, he made mistakes when he was younger. While serving in the military he served to the best of his ability. He has been blessed with a wonderful wife and three sons. He lives the American life, full of pride and success. His father served in the Army, he served in the Air Force, and now his son serves in the Navy aboard the USS XXXXX . He worked in research and development for 28 years at Washington Natural Gas Company and now he is with He respectfully requests his veteran benefits and rights be reinstated. Regardless of the decision, he will always stand loyal to his country and family. In support of his request, the applicant provides a personal statement, documentation from his family’s life that includes certificates of training, a newsletter, photos, copies of pilot registrations and licensing, etc. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 25 Nov 74. His commander recommended him for discharge under the provisions of AFM39-12, Chapter 2, Section B, Paragraph 2-15a and Section C, Paragraph 2-23, for frequent involvement of a discreditable nature with civil and military authorities, and for receiving a civil court conviction. Following receipt of notification from his commander, the applicant waived his right to a hearing before an Administrative Discharge Board conditioned upon receipt of a general discharge; however, the waiver was denied. Thereafter, he exercised his right to a hearing before a discharge board. After a legal review of the case file, the deputy staff judge advocate approved the findings of the discharge board. The applicant’s commander approved the recommendation of the discharge board on 26 Nov 80. The applicant received a UOTHC discharge on 8 Dec 80 after serving 6 years and 14 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 22 Dec 10, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office. On 22 Dec 10, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. In response to our request, applicant provided post-service information, which is attached at Exhibit A. On 31 Jan 11, the applicant requested to temporarily close his case. On 13 Mar 11, he requested his case be reopened and the original 64 pages of information submitted of his activities since leaving the Air Force be considered. _________________________________________________________________ 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 affect 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. 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. Having found no error or injustice with regard to the actions 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 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-2010-03525 in Executive Session on 7 Jul 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Aug, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFBCMR, dated 22 Dec 10. Exhibit D. Letter, Applicant, dated 31 Jan 11. Exhibit E. Letter, AFBCMR, dated 8 Feb 11. Exhibit F. Letter, Applicant, dated 13 Mar 11, w/atchs.