ECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02267 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His general (under other than honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: He received an undesirable discharge because of his involvement with drugs. Since his discharge he recognized his life was going in the wrong direction because of the decisions he was making. Therefore, he saw the need to change his attitude and bring God into his life, follow the laws of the United States, work for the betterment of his community and develop better relationships with family and friends. He accomplished these changes by getting into a home based church, going back to school, attending training and addiction programs, getting involved with different ministries in the community, working with the homeless, visiting nursing homes and prisons, and assisting his neighbors. In support of his request, the applicant provides a personal statement, copies of his Georgia Criminal History, character references, training certificates, letters of appreciation, and consent for personal records check. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 13 Aug 71, the applicant enlisted in the Regular Air Force for a period of four years. On 10 Jun 73, his commander notified him that he was recommending his separation from the Air Force under the provisions of AFM 39-12, Separation for Unsuitability, Unfitness, Misconduct, Resignation, or Request for Discharge for the Good of the Service and Procedures for the Rehabilitation Program. The specific reason for this action was he was found guilty by a foreign court of an offense for which he could have been punished by more than one year in confinement at hard labor under the Uniform Code of Military Justice (UCMJ), to wit: Possession of heroin. On 13 Jun 73, the applicant acknowledged receipt of the notification of discharge. On 10 Jul 73, a Board of Officers convened and found the applicant was subject to discharge based on his conviction for possession of heroin. The board recommended the applicant be separated with a general discharge, and not be offered probation and rehabilitation. On 21 Aug 73, the Staff Judge Advocate (SJA) reviewed the case and found it legally sufficient to support the findings and recommendations of the board and recommended the applicant be separated with an undesirable discharge without probation and rehabilitation. On 22 Aug 73, the discharge authority concurred with the recommendation for an undesirable discharge without probation and rehabilitation. On 28 Aug 73, the SJA found the discharge legally sufficient. On 31 Aug 73, the applicant was released to Chinese authorities and placed in confinement at Taipei, Taiwan, to serve a two year sentence for conviction of a dangerous drug. On 15 Oct 73, the discharge authority directed the applicant be discharged from the Air Force for misconduct because of civil court disposition and was furnished a DD Form 258AF, Undesirable Discharge Certificate. Probation and rehabilitation was denied. Execution of the discharge was delayed until the applicant was released from confinement and returned to the Continental United States. On 23 Sep 74, the applicant was released from confinement and was subsequently discharged on 30 Sep 74. He served 7 years, 2 months, and 13 days of total active service. He accumulated 398 days of lost time, which includes 4 days absent without leave from 9 Aug 73 to 12 Aug 73, and 389 days of confinement from 31 Aug 73 to 23 Sep 74. On 5 Feb 80, the Air Force Discharge Review Board concluded no change in discharge was warranted. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, (Exhibit C). On 2 Feb 12, a copy of the FBI report and a request for post- service information was forwarded to the applicant for review and comment within 30 days (Exhibit D), as of this date, no response has been received by this office. ________________________________________________________________ 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. 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 in this application. ________________________________________________________________ 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 this application in Executive Session on 8 Mar 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2011-02267: Exhibit A. DD Form 149, dated 23 May 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, dated 29 Jul 11. Exhibit D. Letter, AFBCMR, dated 26 Jan 12. Panel Chair