RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02066
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 14 JANUARY 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to
Under Honorable Conditions (general).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was misinformed with regard to his prior discharge upgrade request. He
was advised he could obtain VA benefits if his discharge was upgraded to
general under other than honorable conditions [sic].
For the past five years he had insurance and did not use the VA hospital.
He now needs to use the VA hospital but was informed that his discharge
must be upgraded to general (under honorable conditions).
He wants to know if he is still being misinformed. He specifically wants
to ensure that he is making the right discharge upgrade request this time.
No supporting documentation was submitted. The applicant’s complete
submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 5 Mar 80 in the grade of
airman first class. He was progressively promoted to the grade of staff
sergeant having assumed that grade effective and with a date of rank of 1
Sep 85.
On 22 Jul 87, the applicant was tried by a special court-martial on a
wrongful use of marijuana charge and found guilty. He was sentenced to a
bad conduct discharge, reduction to the grade of airman, forfeiture of
$200.00 per month for four months, confinement for two months, and a
reprimand.
On 19 May 88, the sentence was affirmed by Special Order No. 19 and the
applicant was discharged from the Air Force on 1 Jul 88 with a BCD. He had
served 8 years, 2 months and 6 days with 51 days lost time.
In a similar appeal, the applicant requested his BCD be upgraded to General
(Under Honorable Conditions) by the Air Force Discharge Review Board
(AFDRB). On 10 Apr 2000, the AFDRB voted to upgrade the applicant’s
discharge to Under Other Than Honorable Conditions as an act of clemency.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an investigative report pertaining to the former member
(Identification Record No. 162917EB7) at Exhibit E.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states that based on the
documentation on file in the applicant’s master personnel records, the
discharge was consistent with the procedural and substantive requirements
of the discharge regulation. The discharge was within the discretion of
the discharge authority. Additionally, the applicant did not submit any
evidence or identify any errors or injustices that occurred in the
discharge processing, and he provided no facts warranting an upgrade of her
discharge.
The complete 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 28 Jul
06 for review and comment; on 31 Aug 06, he was forwarded a copy of the FBI
report and invited to submit information pertaining to his post-service
activities. As of this date, this office has received no response to any
of the aforementioned correspondence.
________________________________________________________________
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 are not persuaded by the evidence
presented that the separation characterization received by the applicant
should be changed. The applicant's discharge was based on his trial and
conviction by a special court-martial. While law precludes us from
reversing a court-martial conviction, we are authorized to correct the
records to reflect actions taken by reviewing officials and to take action
on the sentence of a military court based on clemency. There is nothing in
the applicant’s records that would cause us to disturb the actions of the
reviewing officials or to warrant a correction. In addition, in view of
the contents of the FBI Identification Record, we are not persuaded that
the characterization of the applicant’s discharge warrants an upgrade on
the basis of clemency; therefore, we find no basis to warrant favorable
action on this application.
________________________________________________________________
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 BC-2006-02066 in
Executive Session on 28 September 2006, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Jul 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 20 Jul 06.
Exhibit D. Letters, SAF/MRBR, dated 28 Jul 06;and,
SAF/MRBC, dated 31 Aug 06.
Exhibit E. FBI Report.
JAMES W. RUSSELL III
Panel Chair
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