RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03619 

 

 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 discharged for a civil offense and not a violation of the 
Uniform Code of Military Justice (UCMJ). He has paid his debt 
to society, learned a lesson, and should be forgiven. 

 

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 Jun 77. 

 

On 13 Aug 79, the applicant’s commander notified him that he was 
recommending his discharge from the Air Force for misconduct – 
Civil Court conviction. The reasons for the action included the 
applicant’s civil conviction for robbery with firearms for which 
he was sentenced to ten years in the state penitentiary; 
however, the sentence was suspended and he was given probation. 
He was also Absent Without Leave (AWOL) on two occasions for 
42 days and ten days, respectively, for which he received 
nonjudicial punishment (NJP) under Article 15 of the UCMJ. He 
also received numerous other Letters of Counseling (LOCs), 
Letters of Reprimand (LORs), and verbal counseling for various 
minor infractions. 

 

On 13 Aug 79, he acknowledged receipt of the notification of 
discharge and, after consulting with legal counsel, waived his 
right to an administrative discharge board and to submit a 
statement in his own behalf. 

 



On 27 Aug 79, the case was found to be legally sufficient and, 
on 7 Sep 79, the discharge authority directed the applicant be 
furnished an Under Other Than Honorable Conditions (UOTHC) 
discharge, without probation and rehabilitation. On 10 Sep 79, 
the applicant was furnished an UOTHC discharge and was credited 
with one year, nine months, and six days of total active 
service. 

 

On 19 Feb 13, a request for post-service information was 
forwarded to applicant for comment within 30 days (Exhibit C). 

 

In response, the applicant submitted an expanded statement 
reiterating his contentions and highlighting some events that 
have taken place in his life since his discharge. He also 
provided one character statement from a friend (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 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 (UOTHC) discharge for misconduct was 
consistent with the substantive requirements of the discharge 
regulation and within the commander’s discretionary authority. 
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. 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 UOTHC 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-2012-03619 in Executive Session on 21 Mar 13, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 8 Aug 12. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFBCMR, dated 19 Feb 13, w/atch. 

 Exhibit D. Applicant’s Clemency, dated 13 Mar 13, w/atch.