RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05304 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: When he applied for the discharge he was told he would receive a general (under honorable conditions) discharge. He was totally surprised when he received the UOTHC character of service. In support of his appeal, the applicant provides copies of his DD Forms 214, Report of Separation from Active Duty, issued in conjunction with his 21 Oct 71, 21 Oct 75, and 18 Jan 78 separations. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Prior to the events under review, the applicant reenlisted on, 22 Oct 75, for a period of four years. On 7 Dec 77, after consulting with counsel, the applicant requested discharge for the good of the service in lieu of trial by court-martial. On 13 Dec 77, the squadron commander recommended that the applicant’s request be approved. He noted that his misconduct was of such a nature that his expeditious separation was in the best interest of the Air Force, himself, and the base community. For a full list of the offenses, please see the staff judge advocates recommendation letter, dated 13 Dec 17 at Exhibit B. On that same date, the staff judge advocate found the case file legally sufficient and recommended the applicant receive an UOTHC discharge. On 29 Dec 77, the discharge authority approved the UOTHC discharge. On 18 Jan 78, the applicant was discharged by reason of good of the service, in lieu of court-martial, with service characterized as UOTHC. He was credited with 9 years, 8 months, and 20 days of active duty service. ________________________________________________________________ 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 during the discharge process. 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 applicant’s discharge on the basis of clemency; however, based on the applicant’s overall record of service, the egregious misconduct which led to his administrative separation and the lack of post-service documentation, we are not persuaded that an upgrade of the characterization of his discharge is warranted on the basis of clemency. 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 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-2012-05304 in Executive Session on 27 Aug 13, under the provisions of AFI 36-2603: Although Mr. chaired the panel, in view of his unavailability, Ms. has signed as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Nov 12, w/atchs. Exhibit B. Applicant's Master Personnel Records.