RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03151
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Based on his post service activities and accomplishments his discharge
should be upgraded. In support of his request applicant provided a copy of
his discharge order, a personal statement, character references, and copies
of his Bachelor's and Associate degree certificates. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 3 Nov 78 and was
progressively promoted to the grade of airman first class.
On 31 Jul 80, court-martial charges were referred against the applicant for
the wrongful possession, use, and sale of marijuana. On 6 Aug 80, after
consulting counsel, the applicant requested discharge for the good of the
service under the provisions of AFM 39-12, paragraph 2-78. His commander
recommended approval of his request and recommended that he be furnished a
discharge under other than honorable conditions. The wing staff judge
advocate found the case to be legally sufficient and on 4 Sep 80, the
discharge authority approved his request. He was discharged on 12 Sep 80
without probation and rehabilitation. He served 1 year, 10 months, and 10
days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigations (FBI)
indicated that they were unable to locate an arrest record pertaining to
the applicant (see Exhibit E).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial of applicant's request. DPPRS states that the
discharge was consistent with the procedural and substantive requirements
of the discharge regulation and the applicant did not submit any new
evidence or identify any errors or injustices that occurred in the
discharge processing. The DPPRS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 1 Nov
02 for review and comment within 30 days. As of this date, this office has
received no response.
_________________________________________________________________
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 are not persuaded by the evidence
submitted in support of his appeal that an upgrade of his discharge is
warranted. We find no evidence of error in this case and after thoroughly
reviewing the evidence of record, we do not believe he has suffered from an
injustice. We find his post-service accomplishments commendable and
considered upgrading his discharge of the basis of clemency; however,
because of the serious nature of the charges referred against the
applicant, we do not believe that the characterization of his service
warrants upgrade on the basis of clemency. Therefore, based on the
available evidence of record, we find no basis upon which to favorably
consider this application.
_________________________________________________________________
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 Docket Number 02-03151 in
Executive Session on 29 Jan 03, under the provisions of AFI 36-2603:
Mr. Philip Sheuerman, Panel Chair
Mr. Joseph A. Roj, Member
Ms. Martha Evans, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 22 Oct 02.
Exhibit D. Letter, SAF/MRBR, dated 1 Nov 02.
Exhibit E. FBI Negative Reply, dated 20 Dec 02.
PHILIP SHEUERMAN
Panel Chair
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