RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-01140
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to a general discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires his discharge upgraded. He indicates that he was not
equipped mentally or emotionally to adapt to military life. Since
that time he has turned his life around. He is a productive member of
the community, speaks at prisons and rehabilitation centers to help in
the community and is actively involved in church.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 14 April 1972 in the
grade of airman basic for a period of four years.
On 14 October 1972, the applicant wrongfully had in his possession, 1-
gram of marijuana. He received an Article 15 and received a suspended
reduction to airman basic and was fined $150.
Applicant was discharged on 5 July 1973, in the grade of airman with
an under other than honorable conditions (UOTHC) discharge, under the
provisions AFM 39-12 (for the good of the service). He served 1 year,
2 months, and 22 days total active duty service.
Pursuant to the Board’s request, the Federal Bureau of investigation,
Clarksburg, West Virginia, provided an investigative report, which is
attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended the discharge be upgraded to general (under
honorable conditions) on the basis of clemency if a check of the
Federal Bureau of Investigation files proves negative since the
discharge was over 28 years ago and in consideration of the type of
offenses. They indicate that based upon the documentation in the
file, they believe the discharge was consistent with the procedural
and substantive requirements of the discharge regulation.
Additionally, the discharge was within the sound discretion of the
discharge authority. The applicant did not submit any new evidence or
identify any errors or injustices that occurred in the discharge
processing.
The evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 21 December 2001, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within thirty (30) days. As
of this date, no response has been received by this office.
On 18 March 2002, a copy of the FBI Investigation was forwarded to the
applicant for review and response within fourteen (14) days. 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 probable error or injustice warranting an upgrade of
the applicant’s discharge. After thoroughly reviewing the evidence of
record, we are not persuaded that the applicant has been the victim of
either an error or an injustice. The discharge apparently complied
with the governing regulation in effect at that time; therefore, we
believe his separation was appropriate. We took notice of the
applicant's complete submission in judging the merits of the case;
however, the Board is of the opinion that the applicant has not been
the victim of an error or injustice.
4. Although the applicant did not specifically request
consideration based on clemency, we also find insufficient evidence to
warrant a recommendation that the discharge be upgraded on that basis.
Applicant has not provided information of his post-service activities
and accomplishments after being provided an opportunity to present
such information to the Board. Therefore, based on the evidence of
record, we cannot conclude that clemency is warranted. Should
applicant provide statements from community leaders and acquaintances
attesting to his good character and reputation and other evidence of
successful post-service rehabilitation, this Board would be willing to
review this information for possible reconsideration of this case.
However, we cannot recommend approval based on the current evidence of
record.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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 01-
01140 in Executive Session on 18 April 2002 under the provisions of
AFI 36-2603:
Mr. Roger E. Willmeth, Panel Chair
Mr. Clarence D. Long, III, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 August 2001, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigation.
Exhibit D. Letter, AFPC/DPPRS, dated 7 December 2001.
Exhibit E. Letter, SAF/MRBR, dated 21 December 2001.
ROGER E. WILLMETH
Panel Chair
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