RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02584
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
MANDATORY CASE COMPLETION DATE: 28 FEBUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
A one time drug incident and poor legal representation led to his
unjustified discharge.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Air Force on 28 July 1981 in the grade of airman
basic. On 12 April 1984, his commander preferred court martial charges
against him for use and possession of cocaine. On 24 May 1984, the
applicant requested he be discharged from the Air Force in lieu of trial by
court martial. On 1 June 1984, his commander recommended he be discharged
from the Air Force under the provisions of AFR 39-10, Chapter 4, Request
for Discharge in Lieu of Trial by Court-Martial. On 29 June 1984, the
General Court-Martial Authority approved the request to separate the
applicant in lieu of court-martial with an (UOTHC) discharge. Applicant
was advised of his rights in this matter. In a legal review of his case
the base legal office found it legally sufficient and recommended an UOTHC
discharge. On 9 July 1984, he was discharged from the Air Force in the
grade of airman first class. He served 2 years, 11 months and 9 days on
active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
provided an investigation report on 8 November 2006 for review and response
within 14 days and to date no response has been received. (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states based on the documentation on
file in the 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; the
applicant did not submit any evidence or identify any errors or injustices
that occurred in the discharge processing.
The complete DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he and his wife were giving a party at an off-base tavern
after he received orders to Germany. Applicant states cocaine was consumed
during the party; however, after he and his wife left the tavern, they did
not have any drugs or drug paraphernalia. In addition, investigators
searched their apartment and did not found any drugs or drug paraphernalia.
His complete response is at Exhibit F.
_________________________________________________________________
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. After careful consideration of the
available evidence, we found no indication that the actions taken to affect
his discharge were improper or contrary to the provisions of the governing
regulations in effect at the time, or that the actions taken against the
applicant were based on factors other than his own misconduct. Therefore,
we agree with the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice.
_________________________________________________________________
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 BC-2006-02584 in Executive
Session on 28 November 2006, under the provisions of AFI 36-2603:
Ms. Cathlynn B. Novel, Panel Chair
Ms. Judith B. Oliva, Member
Mr. Don H. Kendrick, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 August 2006, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated, 13 October 2006
Exhibit D. AFPC/DPPRS Letter, dated 11 September 2006.
Exhibit E. Letter, SAF/MRBR, dated 13 October 2006.
Exhibit F. Letter, Applicant, not dated.
CATHLYNN B. NOVEL
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office of the Assistant Secretary
AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002
XXXXXXX
XXXXXXX
XXXXXXX,
Dear XXXXXXX
Reference your application, submitted under the provisions of AFI 36-
2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2006-02584.
After careful consideration of your application and the former
member’s available military records, the Board determined that the evidence
you presented did not demonstrate the existence of probable material error
or injustice. Accordingly, the Board denied your application.
You have the right to submit newly discovered relevant evidence for
consideration by the Board. In the absence of such additional evidence, a
further review of your application is not possible.
BY DIRECTION OF THE PANEL CHAIR
GREGORY E. JOHNSON
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
Record of Board Proceedings
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