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AF | BCMR | CY1997 | 9701556
Original file (9701556.pdf) Auto-classification: Denied
i: 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

IN THE MATTER OF: 

DOCKET NUMBER:  9 7 - 0 1 5 5 6  
COUNSEL:  NONE 

HEARING DESIRED:  NO 

; 1 

Applicant requests that his under other than honorable conditions 
(UOTHC)  discharge  be  upgraded  to  honorable. 
Applicant's 
submission is at Exhibit A. 

On  28  Oct  92,  the  Air  Force  Discharge  Review  Board  (AFDRB) 
considered and denied the applicant I s request for upgrade of his 
UOTHC discharge to honorable (Exhibit B). 

The  appropriate  Air  Force  office  evaluated  applicant's request 
and provided  an advisory opinion to  the Board  recommending the 
application  be  denied  (Exhibit C).  The  advisory  opinion  was 
forwarded to the applicant for review and response  (Exhibit D). 
As of this date, no response has been received by this office. 

After  careful  consideration  of  applicant's  request  and  the 
available evidence  of  record, we  find  insufficient  evidence of 
error or injustice to warrant corrective action.  The facts and 
opinions stated in the advisory opinion appear to be based on the 
evidence  of  record  and  have  not  been  rebuttd  by  applicant. 
Absent  persuasive evidence applicant was denied rights to which 
entitled,  appropriate  regulations  were  not  followed,  or 
appropriate  standards  were  not  applied,  we  find  no  basis  to 
disturb the existing record. 

Accordingly, applicant's request is denied. 

The Board staff is directed to inform applicant of this decision. 
Applicant should also be informed that this decision is final and 
will only be  reconsidered upon the presentation of new relevant 
evidence  which  was  not  reasonably  available  at  the  time  the 
application was filed. 

Members  of  the  Board  Mr.  David  C. Van  Gasbeck, Mr.  Michael  P. 
Higgins, and Mr.  Patrick R. Wheeler considered this application 
on  13  Nov  97  in  accordance  with  the  provisions  of  Air  Force 
Instruction 3 6 - 2 6 0 3   and the governing statute, 10 U.S.C. 1552. 

Exhibits : 
A.  Applicant's DD Form 149 
B.  Available Master Personnel Records 
C.  Advisory Opinions 
D. 
E.  Applicant's Response 

SAF/MIBR Ltr Forwarding Advisory Opinions 

.. 

D E P A R T M E N T  OF  THE  A I R   FORCE 

H E A D Q U A R T E R S   A I R   F O R C E   P E R S O N N E L  C E N T E R  

R A N D O L P H  A I R   F O R C E   B A S E   T E X A S  

U2S. AfIR FORCE 

JUN  2  : 7997 

1 9 J T  -  1 9 9 7  

MEMORANDUM FOR AFBCMR 

FROM:  HQ AFPC/DPPRP 

550 C Street West Ste 11 
Randolph AFB TX  78 150-471 3 
T:  Application for Correction of Military Records - 

The applicant.  while serving in the grade of master sergeant, was discharged from the Ak 

Force 19 Oct 90 under the provisions of AFR 39-10 (Vol Request in lieu of Trial by Court 
Martial) with an other than honorable conditions discharge. He served 15 years 1 1 months and 12 
days total active service. 

Requested Action.  The applicant is requesting an upgrade of his discharge to honorable- 

Basis for Request.  Applicant claims that his under other honorable conditions was unjust 

because it only reflects the last few months of his service history when he made a mistake m his 
life.  That this decision has totally erased the 15 years of honorable, dedicated and meritorious 
service he gave to the Air Force. 

Facts.  The applicant was initially investigated for possible wrongful use of cocaine after he 
refused a lawful order of his commander to submit to a drug urinalysis test.  Charges alleging 
those violations of the UCMJ were preferred on 21 Jun 90 and referred to trial by general court 
martial on 11 Jul90.  Subsequently, the applicant was arrested and charged by civilian 
authorities for possession with intent to distribute cocaine.  Based upon this information, a 
M e r  investigation was conducted by Air Force authorities.  This investigation resulted in 
additional “wrongfbl use of cocaine” charges being preferred on 6 Sep 90 and referred to trail by 
general court martial.  The applicant requested discharge in lieu of general court martial on 12 
Sep 90.  Because the Art  32, UCMJ, investigation had been forwarded to the numbered Air 
Force, the GCM authority, the applicant’s request for discharge had to be forwarded to the GCM 
authority for a decision.  On  1 1 Oct 90, the GCM authority approved the request for discharge in 
lieu of court martial and directed that the applicant be given a discharge under other than 
honorable conditions. 

Discussion.  This case has been reviewed for separation processing and there are no errors or 

irregularities causing an injustice to the applicant.  The discharge complies with directives in 
effect at the time of his discharge.  Records indicate member’s military service was reviewed and 
appropriate action was taken. 

Recommendation.  The discharge was consistent with the procedural and substantive 

requirements of the discharge regulation and the applicant was provided full administrative due 
process.  Applicant did not identify any specific errors in the separation processing nor provide 
facts which warrant an upgrade of his discharge.  Accordingly, we recommend applicant’s 
request be denied.  He has not filed a timely request. 

c, JOHN C. WOOTEN, GS-9 

Military Personnel Mgmt Spec 
Programs and Procedures Branch 
Dir of Personnel Program Management 



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