RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03326 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to general (under honorable conditions). _________________________________________________________________ APPLICANT CONTENDS THAT: He was never informed he was going to be discharged with an UOTHC discharge. He was told he would receive a general (under honorable conditions) discharge. To his knowledge he was never prosecuted or charged with a crime. He was aware of individuals involved with drugs. He assisted the Office of Special Investigations (OSI) and the Las Vegas Police Department Drug Task Force in gathering evidence and the subsequent prosecution of those involved. Due to death threats on his life he was removed from the base, discharged and advised to leave the state of Nevada. He showed great strength of character and courage in testifying against those involved in illegal drug use. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 19 Feb 86, the applicant enlisted in the Regular Air Force. On 19 Jan 90, court-martial charges were preferred against the applicant for violation of Articles 80 and 112a, Uniform Code of Military Justice (UCMJ). On 8 May 90, after consulting with counsel, the applicant requested he be discharged from the Air Force in accordance with (IAW) AFR 39-10, Administrative Separation of Airmen in-lieu of trial by court-martial. For a full accounting of the offenses, see DD Form 458, Charge Sheet at Exhibit B. On 14 May 90, the 57th Aircraft Generation Squadron commander (57 AGS/CC) reviewed the applicant’s request for discharge in- lieu of trial by court-martial and recommended the 554th Combat Support Group commander (554 CSG/CC) approve the applicant’s request with a recommendation to discharge the applicant from the Air Force with an UOTHC discharge. On 17 May 90, the Assistant Staff Judge Advocate (SJA) reviewed the case and found it legally sufficient to support discharge and recommended the 554 CSG/CC accept the applicant’s request for discharge in-lieu of trial by court-martial and forward to the General Courts-Martial (GCM) convening authority with a recommendation to discharge the applicant from the Air Force with an UOTHC discharge. The 554 CSG/CC reviewed the applicant’s request for discharge in-lieu of trial by court- martial and recommended the GCM convening authority accept the applicant’s request. On 11 Jun 90, the 554th Operations Support Wing/SJA reviewed the case file and forwarded it to the Tactical Fighter Weapons Center commander (TFWC/CC) and recommended he approve the applicant’s request for discharge in-lieu of trial by court- martial. On 22 Jun 90, the TFWC/CC approved the applicant’s request for discharge in-lieu of trial by court-martial. On 27 Jun 90, the applicant was discharged with service characterized as under other than honorable conditions in the grade of senior airman. He served four years, 4 months and 9 days of total active service. On 27 Feb 13, the applicant was offered an opportunity to provide information pertaining to his activities since leaving the service (Exhibit C). By letter, dated 18 Mar 13, the applicant states he is a good moral person, lives a pro law life and has never been in trouble. He was a plant manager for 18 years in Lynchburg, Virginia, for Parker Hannifin Corporation with approximately 400 employees who worked for him. He is a law abiding citizen and served his country proudly. In further support of his appeal, the applicant provides a personal statement, character reference letters and various other documentation associated with his request. The applicant’s complete response, with attachments, is at Exhibit D. _________________________________________________________________ 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. While the applicant contends that he was never informed he was going to be discharged with service characterized as UOTHC, in his 8 May 1990 request for discharge in lieu of trial by court-martial to the commander he acknowledged that, “I understand that if this request is approved I may be discharged under other than honorable conditions, regardless of your recommendation.” In the interest of justice, 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. ________________________________________________________________ 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 AFBCMR Docket Number BC-2012-03326 in Executive Session on 9 Apr 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03326 was considered: Exhibit A. DD Form 149, dated 12 Sep 12 w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, SAF/MRBC, dated 27 Feb 13. Exhibit D. Letter, Applicant, dated, 18 Mar 13, w/atchs. Panel Chair