RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01621
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be changed
to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has changed his life, has paid his debt and is an upstanding
citizen. He supports his two children and has been arrested only once
(for DUI) since his discharge.
In support of his request, applicant provided a copy of a letter from
the Department of Veterans Affairs.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 20 July 1982. On 11
August 1983, he was notified by his commander that he was recommending
he be discharged, under the provisions of AFR 39-10, for misconduct.
The basis for the action was on 24 May 1983 he was convicted by the
Common Pleas Court County of Cambria, Commonwealth of Pennsylvania, in
violation of the Controlled Substance, Drug Device & Cosmetic Act,
State of Pennsylvania and three counts of criminal conspiracy and
sentenced to imprisonment for each of the counts (not less than 8
months nor more than 16 months). On 29 June 1983, he was convicted of
theft by unlawful taking or disposition and sentenced to two years
probation and payment of court charges.
After being advised of his rights, member waived his rights to the
board and to submit statements in his own behalf. He also waived his
right to an attorney. Case was reviewed by the base legal services
and found to be legally sufficient. His commander and legal
authorities recommended acceptance of the unconditional waiver and
issued a UOTHC discharge.
The discharge authority approved the discharge on 9 September 1983 and
directed a UOTHC discharge without P&R. He had 264 days lost time,
which is non-payable. He served 1 year, 1 month and 20 days on active
duty.
The Air Force Discharge Review Board denied the applicant’s request
for an upgrade of his discharge on 18 January 1985.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. The applicant did not submit any new
evidence or identify any errors or injustices that occurred in the
discharge processing. Additionally, he provided no facts warranting
an upgrade of his discharge.
The AFPC/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
10 Jun 03, 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 an error or injustice to warrant changing his UOTHC
discharge to honorable. We find no impropriety in the
characterization of applicant's discharge. It appears that
responsible officials applied appropriate standards in effecting the
separation, and we do not find persuasive evidence that pertinent
regulations were violated or that applicant was not afforded all the
rights to which entitled at the time of discharge. We conclude,
therefore, that the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances.
4. We also find insufficient evidence to warrant a recommendation
that the discharge be upgraded on the basis of clemency. We have
considered applicant's overall quality of service, the events which
precipitated the discharge. Based on the evidence of record, we
cannot conclude that clemency is warranted. Applicant has not
provided sufficient information of post-service activities and
accomplishments for us to conclude that applicant has overcome the
behavioral traits, which caused the discharge. Should applicant
provide statements from community leaders and acquaintances attesting
to applicant's good character and reputation and other evidence of
successful post-service rehabilitation, this Board will reconsider
this case based on the new evidence. We cannot, however, 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 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 BC-2003-
01621 in Executive Session on 17 July 2003, under the provisions of
AFI 36-2603:
Ms. Patricia D. Vestal, Panel Chair
Mr. Clarence D. Long, III, Member
Ms. Sharon Seymnour, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 May 03 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 6 Jun 03.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 03.
PATRICIA D. VESTAL
Panel Chair
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