RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03029 

 

 COUNSEL: NO 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

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

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was so close to finishing his enlistment that it was unfair 
for him to receive a “bad” discharge. He has been a good 
citizen since his discharge. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 22 Nov 68. 

 

On 22 Apr 72, the applicant was referred to trial by special 
court-martial charged with three specifications of assault and 
battery in violation of Article 128, Uniform Code of Military 
Justice (UCMJ). 

 

On 26 Apr 72, the applicant requested discharge in lieu of trial 
by court-martial to the commander exercising general court-
martial jurisdiction. 

 

On 12 May 72, the applicant’s request was approved for the good 
of the service under the provisions of Section F, AFM 39-12, Separation for Unsuitability, Misconduct, Resignation, or 
Request for Discharge for the Good of the Service and Procedures 
for the Rehabilitation Program. The applicant was furnished an 
Under Other Than Honorable Conditions discharge, effective 
14 May 72, and was credited with 3 years, 5 months, and 23 days 
of total active service. 

 


On 28 Jul 79, the applicant submitted a DD Form 293, Application 
For Review of Discharge or Dismissal From The Armed Forces of 
the United States. 

 

On 16 Nov 79, the Air Force Discharge Review Board denied his 
application and advised him of his right to appeal to the Air 
Force Board for Correction of Military Records. 

 

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

 

On 11 Jan 13, the FBI report and a request for post-service 
information was forwarded to applicant for review and comment 
within 30 days (Exhibit D). 

 

In response, the applicant submitted an expanded statement and 
five character statements from friends and co-workers (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. 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 
that occurred in the discharge process. Based on the available 
evidence of record, it appears the applicant’s Under Other Than 
Honorable Conditions discharge for misconduct was consistent 
with the substantive requirements of the discharge regulation 
and within the commander’s discretionary authority. While the 
applicant contends it was unfair for him to receive a BCD so 
close to the end of his enlistment, he voluntarily requested to 
be discharged in lieu of trial by court-martial. He has 
provided no evidence which would lead us to believe the 
characterization of his service was improper or contrary to the 
provisions of the governing directive. Additionally, he 
acknowledged that his request for discharge, if approved, may 
result in an undesirable discharge under conditions other than 
honorable. In the interest of justice, we considered upgrading 
the discharge based on clemency; however, we do not find the 
evidence presented is sufficient to compel 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 to upgrade the applicant’s Under 
Other Than Honorable Conditions discharge. 

 

________________________________________________________________ 

 

 

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 AFBCMR Docket 
Number BC-2012-03029 in Executive Session on 28 Feb 13, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03029 was considered: 

 

 Exhibit A. DD Form 149, dated 1 May 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. FBI Report, dated 9 Aug 12. 

 Exhibit D. Letter, AFBCMR, dated 11 Jan 13, w/atchs. 

 Exhibit E. Letter, Applicant, w/atchs.