RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 				DOCKET NUMBER: BC-2015-00465

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

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


APPLICANT CONTENDS THAT:

He received written correspondence from the Department of 
Veterans Affairs (DVA) that he was entitled to full benefits 
with an UOTHC discharge.  

The applicant’s complete submission, with attachment, is at 
Exhibit A.


STATEMENT OF FACTS:

On 22 January 1974, the applicant enlisted in the Air Force 
Reserve.
 
In a letter dated 11 October 1977, the applicant requested he be 
discharged from the Air Force for the good of the service under 
the provisions of AFM 39-12, Separation for Unsuitability, 
Misconduct, Resignation or Request for Discharge for the Good of 
the Service and Procedures for the Rehabilitation Program, 
paragraph 2-78.  He acknowledged that if the request was 
approved, he would receive a UOTHC discharge.    

According to a 62nd Aerial Port Squadron Commander’s (62 APS/CC) 
letter, dated 12 October 1977, on 25 April 1977 the applicant 
failed to report for duty and was classified as being absent 
without leave.  On 25 May 1977, he was classified as a deserter.  
On 15 September 1977, he was returned to military control.   

According to AF Form 3070, Notification of Intent to Impose 
Nonjudicial Punishment, dated 1 November 1977, the applicant 
received an Article 15 for wrongful possession of marijuana.  
 

According to the 22nd Air Force Commander’s (22 AF/CC) letter 
dated 3 November 1977, the applicant’s request for discharge for 
the good of the service with a UOTHC was approved.    

On 14 November 1977, the applicant was discharged with a UOTHC.

On 17 March 2015, SAF/MRBR provided the applicant with an 
opportunity to submit information pertaining to his activities 
since leaving the service.  As of this date this office has not 
received a response.   


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.  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, 
in the absence of any evidence related to the applicant’s post-
service activities, there is no way for us to determine if the 
applicant’s accomplishments since leaving the service warrant 
such an action.  Therefore, we find no basis 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-2015-00465 in Executive Session on 3 September 2015 
under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 January 2015.  
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 17 March 2015, w/atch.