RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03405 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: While stationed in Spain - on his 20 birthday he was arrested for having an illegal gathering in his apartment. He was required to have a permit for a gathering of more than five people and he did not. He further states while in the service he used drugs and alcohol and had a mental breakdown. In support of his request, the applicant submits a personal statement and a copy of his DD Form 214, Report of Separation from Active Duty. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 19 December 1972 in the grade of airman basic for a period of six years. The applicant did on or about 22 and 23 April 1974, and 18 June 1974, fail to go to his appointed place of duty. The applicant did on or about 16 July 1974, unlawfully enter an apartment and on or about 23 January 1975 was drunk and disorderly. For this misconduct he received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ). The applicant did on or about 10 August 1974, attempt to steal a universal joint, of a value less than $50.00 The applicant did on or about 23 January 1975, smoke cannabis, consumed alcohol, threatened people and leaped through a window when pursued by police. A Line of Duty Determination was completed due to the applicant’s injuries during the night of 23 January 1975. It was found that the applicant’s injuries occurred while he was not in line of duty – but due to his own misconduct. The staff judge advocate concurred with the findings of the report. The applicant did on or about 7 May 1975, wrongfully have in his possession hashish during an anti-drug check. For this misconduct he received a Letter of Reprimand (LOR). The applicant did on or about 23 and 24 July 1975, disobey a lawful order of a superior noncommissioned officer. For this misconduct he received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ). The applicant did on or about 17 November 1975, wrongfully possess 95 grams more or less of marijuana. Also, on or about 1 December 1975, he failed to go to his appointed place of duty. For this misconduct he received nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ). The applicant received a Special Court-Martial for the following: Charge: Violation of the Uniform Code of Military Justice, Article 86. Specification 1 – the applicant did on or about 24 August 1976, absent himself from his place of duty and did remain absent until or about 26 August 1976. Specification 2 – the applicant did on or about 27 August 1976, absent himself from his place of duty and did remain absent until or about 31 August 1976. The applicant pled guilty to the charge and specifications and was found guilty. He was sentenced to a bad conduct discharge, forfeiture of $180.00 per month for two months and confinement for two months. The sentence was adjudged on 13 September 1976. On 1 February 1977, the applicant was discharged with a UOTHC discharge. He served 3 years, 8 months and 13 days on active duty. The applicant had 153 days of lost time. Pursuant to the Board's request, the Federal Bureau of Investigation (FBI), Clarksburg, West Virginia, provided an arrest record which is at Exhibit C. On 21 October 2011, a copy of the FBI Report of Investigation and a request for information pertaining to his post-service activities was forwarded to the applicant for review and response within 30 days (Exhibit D). The applicant provided a response indicating while stationed in Spain he had a break down and was told that he was a paranoid schizophrenic - alcohol related. He attended Alcohol Anonymous and has been sober for more than nine years. After being discharged from the Air Force he has worked in the construction, carpentry and electrical field. He has also continued his education, has five children and 11 grandchildren. The Air Force has always been a part of his life. The applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ 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 whether it was in the interest of justice to consider upgrade of his 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 the evidence presented did not demonstrate the existence of an 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-2011-03405 in Executive Session on 19 June 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-03405 was considered: Exhibit A. DD Form 149, dated 30 August 2011, w/atchs. Exhibit B. Applicant’s Master Personnel Record. Exhibit C. Federal Bureau of Investigation Report. Exhibit D. Letter, AFBCMR, dated 21 October 2011. Exhibit E. Letter, Applicant, not dated, w/atchs.