RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03466

  					COUNSEL:  NONE

					HEARING DESIRED:  NOT INDICATED 



APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded to at least general under honorable conditions.


APPLICANT CONTENDS THAT:

He was set up and arrested for possession of cocaine when 
another service member lured him to an abandoned location and 
put the bag of cocaine in his hand.  

The Board should find it in the interest of justice to consider 
his untimely application because at the time, he was told 
pursuing having his record changed would not result in any 
change.  He provides a copy of his DD Form 214, Certificate of 
Release or Discharge from Active Duty, in support of his 
application.

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


STATEMENT OF FACTS:

On 4 Apr 90, the applicant entered the Regular Air Force.

On or about 1 Mar 91, he was charged with possession and/or 
distribution of cocaine, in violation of Article 112a of the 
Uniform Code of Military Justice (UCMJ)

On 9 Jul 91, he requested discharge in lieu of trial by court-
martial per AFI 39-10, Airman Separation Manual, Chapter 4. 

On 10 Jul 91, his Detachment Commander recommended the 
applicant’s request for discharge in lieu of trial by court-
martial be approved.  The Air Base Group Staff Judge Advocate 
(SJA) concurred with granting the applicant’s request.  In 
addition, his Group Commander concurred with his Detachment 
Commander’s recommendation to discharge him in lieu of trial by 
court-martial.

On 12 Jul 91, the SJA found the case legally sufficient and 
recommended he receive a UOTHC discharge.  In addition, the 
Commander agreed with the recommendation to discharge him in 
lieu of special-court martial.

On 7 Aug 91, the applicant received an under other than 
honorable conditions discharge.  He was credited with 1 year, 4 
months and 4 days of active service.   

On 19 Sep 14, a request for post-service information was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit C).  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 an error or injustice.  We took 
notice of the applicant’s complete submission in judging the 
merits of the case; however, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error of injustice.  
While we acknowledge the applicant’s request to upgrade his 
under other than honorable conditions discharge, we do not 
believe he has demonstrated evidence of an injustice, as 
compared to others in his similar situation.  Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-03466 was considered:

	Exhibit A.  DD Form 149, dated 19 Aug 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/MRBR, dated 19 Sep 14.