RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01789
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: Dec 17, 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told that after two years, his discharge would be upgraded.
“They had no medical counseling available. He thought his discharge had
been changed until now.”
His discharge has not affected his job search but it is affecting his
career.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air National Guard on 29 Aug 87. He served
for a period of 2 years, 1 month, and 12 days. Additionally, he received
an honorable discharge for his active Air Force enlistment ending Aug 87.
The applicant was discharged on 10 Oct 89 with a UOTHC for drug abuse.
A resume of the applicant’s airman performance reports follows:
CLOSE-OUT DATE OVERALL RATING
24 Sep 85 9
9 Feb 86 9
9 Feb 87 9
Pursuant to the Board’s request, the Federal Bureau of Investigations (FBI)
provided an investigative report, 911491CA3, which is at Exhibit C.
The applicant was discharged from the Air National Guard in accordance with
ANGR 39-10, Administrative Separation of Airmen, dated 15 Sep 87, paragraph
8-17, which states, “Airman will be processed or discharged for misconduct
based on drug abuse.” Notwithstanding the absence of error or injustice,
the Board has the prerogative to grant relief on the basis of clemency if
so inclined.
_________________________________________________________________
APPLICANT'S REVIEW OF FBI REPORT:
Copies of the FBI report and post-service information bulletin was
forwarded to the applicant on 23 Aug 07 for review and comment (Exhibit D).
As of this date, the applicant has not provided a 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 took notice of the applicant's
complete submission in judging the merits of the case; however, we find no
evidence of an error or injustice that occurred in the discharge
processing. Based on the available evidence of record, it appears the
discharge was consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority. The
applicant has provided no evidence which would lead us to believe the
characterization of the service was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to the offenses
committed. Therefore, in the absence of evidence to the contrary, we find
no basis upon which to recommend granting the relief sought.
_________________________________________________________________
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-2006-01789
in Executive Session on 4 October 2007, under the provisions of AFI 36-
2603:
Mr. Laurence M. Groner, Panel Chair
Ms. Mary C. Puckett, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jun 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report
Exhibit D. AFBCMR Letter, w/atchs, dated 23 Aug 07.
LAURENCE M. GRONER
Panel Chair
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