RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05669

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He deserves the opportunity to clear his name.  He served proudly in both the Army and Air Force, and received three honorable discharges from the Army, a Good Conduct Medal, an Air Force Longevity Ribbon, and a National Defense Ribbon.  In Feb 91, his Reserve unit was sent to Germany to replace troops being sent to Iraq during the first Gulf War.  He was depressed and did not know how to handle it or how to handle the stress of going to war.  He went deeper into doing what was not correct, and he regrets it deeply.  He has paid for his mistake for the past 20 years.  

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

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STATEMENT OF FACTS:

The applicant initially entered the Air National Guard of Puerto Rico on 24 Sep 91.  

On 15 Jun 93, the applicant was furnished a UOTHC discharge after serving 1 year, 8 months, and 22 days of active service this period, and 12 years, 6 months, and 15 days of total service.  The authority and reason for discharge reflected on his NGB Form 22, Report of Separation and Record of Service, was “Misconduct-Drug Abuse thru Urinalysis.”  

On 28 Aug 13, a request for post-service information was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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 on the basis of clemency; however, in the absence of any information related to his activities since leaving the service, we are not persuaded that it would be in the interest of justice to recommend granting the relief sought on that basis.  Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to grant the relief sought in this application.  

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2012-05669 in Executive Session on 19 Sep 13, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member



The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05669 was considered:

	Exhibit A.  DD Form 149, dated 22 Jan 12, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFBCMR, dated 28 Aug 13.




			
                                   Panel Chair