RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04261 

 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: 

 

There was no error or injustice with the processing of his 1960 
discharge. He takes full responsibility for his actions. He 
made a bad decision back then and it has caused him embarrassment 
his whole life. He asked for clemency since he has led a 
responsible life since his discharge. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
entered active duty on 21 January 1959. 

 

On 12 November 1959, the applicant was charged in civil court 
with the offense of breaking and entering. He pled guilty before 
the court and was sentenced to pay $100 court costs, make 
restitution of $311.85, and placed on probation for two years and 
six months. 

 

On 9 December 1959, the applicant was notified of his commander’s 
intent to recommend him for discharge under the provisions of Air 
Force Regulation (AFR) 39-32, paragraph 2, for housebreaking, in 
violation of Article 130, Uniform Code of Military Justice 
(UCMJ). The applicant consulted counsel, and waived his rights 
to a hearing before a board of officers, and to submit statements 
in his own behalf. 

 

After the Staff Judge Advocate found the case to be legally 
sufficient, the discharge authority approved the recommended 
discharge and directed the applicant be furnished an undesirable 
discharge certificate. 

 



The applicant was discharged from active duty in the grade of 
airman third class (E-2) effective 22 January 1960 with a UOTHC 
discharge. He served ten months on active duty and had 62 days 
lost time. 

 

_________________________________________________________________ 

 

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 processing. Based on the 
available evidence of record, it appears the discharge was 
consistent with the substantive requirements of the discharge 
regulation and within the commander's discretionary authority. 
The applicant has provided no evidence which would lead us to 
believe the characterization of the service was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed. 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. 
Therefore, in the absence of evidence to the contrary, we find no 
basis upon which to recommend granting the relief sought 

 

________________________________________________________________ 

 

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-2012-04261 in Executive Session on 18 June 2013, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 



 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-04261 was considered: 

 

Exhibit A. DD Form 149, dated 9 Jun 12, w/atchs. 

Exhibit B. Applicant's Master Personnel Records.