RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02782 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to general (under honorable conditions). _________________________________________________________________ APPLICANT CONTENDS THAT: He has made mistakes in his life; however, he has learned from his mistakes. He paid his dues to society and has become a better man. In support of his request, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a certificate of completion to NCO Leadership School and a copy of his driver’s license. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 19 March 1974. The applicant was notified by his commander of his intent to recommend his discharge from the Air Force under the provisions of AFM 39-12. The specific reason for this action was for the murder of his wife. He was advised of his rights in this matter and elected to submit statements in his own behalf. In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended discharge. The applicant received a UOTHC discharge on 10 Dec 80 after serving 6 years, 8 months, and 22 days on active duty. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, was unable to identify an arrest record. _________________________________________________________________ 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. 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 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-2011-02782 in Executive Session on 15 Mar 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for Docket Number BC-2010-02782 was considered: Exhibit A. DD Form 149, dated 14 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Panel Chair