RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03997 

 

 COUNSEL: NO 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded to General (under honorable conditions). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

There were mitigating circumstances surrounding the events that 
led to his discharge from the Air Force. 

 

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 10 Dec 74. 

 

On 25 Aug 75, the applicant was arrested by civilian authorities 
and confined in a domestic penal institution for 80 consecutive 
days. 

 

On 12 Nov 75, the applicant was administratively discharged from 
the Air Force for misconduct – civilian conviction, furnished an 
UOTHC discharge, and was credited with 8 months and 15 days of 
total active service. 

 

On 19 Mar 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 and 
two character statements from his twin brother and 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 an 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 
– civilian conviction 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 on the basis of 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 for us to recommend an upgrade 
of 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-2012-03997 in Executive Sessions on 2 May 13 and 
28 May 13, under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

 

 



The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03997 was considered: 

 

 Exhibit A. DD Form 149, dated 20 Aug 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

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

 Exhibit D. Letter, Applicant, dated 14 Apr 13, w/atchs.