RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00528
INDEX CODE: 110.02
XXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to a general (under honorable conditions) discharge.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He would like an upgrade of his discharge so he could receive
Veterans Administration (VA) benefits.
In support of his appeal, the applicant provided a DD Form 293,
Application for the Review of Discharge from the Armed Forces of
the United States.
The applicant's complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 16 November 1972, the applicant enlisted in the Regular Air
Force at the age of 20. He was progressively promoted to the
grade of staff sergeant (E-5) effective 1 August 1984. During
his time on active duty, the applicant received eight Article
15s, and was demoted four times as a result of the Article 15
punishments. The violations he committed that resulted in
Article 15 action included selling drugs, wrongful use of
marijuana, two counts of assault, absent without leave, wrongful
departure from his place of duty without authority, two counts
of drunkenness (once in uniform), wrongfully having sexual
intercourse with a women not his wife, two counts of failure to
go at the time prescribed to his appointed place of duty,
operating a motor vehicle while intoxicated, and willfully
disobeying a lawful order
On 12 March 1987, his commander notified the applicant that he
was recommending him for a UOTHC discharge for a pattern of
misconduct under the provisions of Air Force Regulation (AFR)
39-10, paragraph 5-47b. The applicant consulted counsel and
waived his right to submit statements in his own behalf. On 18
May 1987, the applicant submitted an unconditional waiver of his
right to an administrative discharge board hearing. On 19 May
1987, the Non-commissioned Officer, Civil Law, recommended the
commander forward his recommendation to higher headquarters to
accept the applicants conditional waiver and that he be
discharged with a UOTHC discharge without probation and
rehabilitation (P&R). On 27 July 1987, the Deputy Staff Judge
Advocate at the higher headquarters found the case to be legally
sufficient and recommended the conditional waiver be accepted.
On 29 July 1987, the discharge authority approved the
recommendation and directed the applicant be discharged with a
UOTHC discharge pursuant to the provisions of AFR 39-10,
paragraph 5-47b, without P&R. The applicant was discharged
effective 10 August 1987. He served 14 years, 8 months, and
25 days on active duty.
On 2 October 1997, the Air Force Discharge Review Board (AFDRB)
considered and denied the applicants request to upgrade his
discharge.
On 14 March 2008, the applicant was given an opportunity to
submit comments about his post service activities (Exhibit C).
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report. On 22 May 2008, a copy of the FBI report
was forwarded to the applicant for review and comment within
30 days (Exhibit D).
The applicant responded with a personal statement and two
letters of character reference (Exhibit E).
________________________________________________________________
_
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. We considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to compel us to
recommend granting the relief sought on that basis. 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 this application
in Executive Session on 9 July 2008, under the provisions of AFI
36-2603:
XXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXX, Member
XXXXXXXXXXXX, Member
The following documentary evidence was considered for AFBCMR
Docket Number BC-2008-00528:
Exhibit A. DD Form 149, dated 28 Jan 08, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFBCMR, dated 14 Mar 08, w/atch.
Exhibit D. Letter, AFBCMR, dated 22 May 08, w/FBI Report.
Exhibit E. Applicants Response, not dated, w/atchs.
XXXXXXXXXXXXXX
Panel Chair
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