RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02829
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Due to the circumstances of his case he felt pressured to agree to a less
than honorable discharge. Since that time he has felt remorse for any
wrong doing and has considered himself very patriotic, loyal to the Air
Force and proud of his service.
In support of his appeal, applicant submitted a copy of his DD Form 214,
Certificate of Release or Discharge from Active Duty.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 1 Oct 85, as an airman
for a period of four years.
On 20 Jul 89, the applicant’s commander notified him that he was
recommending his discharge from the Air Force (AF) under the provisions of
Air Force Regulation (AFR) 39-10 for drug abuse. The specific reason for
the discharge action was that the applicant wrongfully used marijuana and
cocaine.
His commander advised him of his rights in this matter.
The applicant acknowledged receipt of the notification and after consulting
with legal counsel waived his right to a hearing before an administrative
discharge board and to submit a statement in his own behalf.
On 14 Sep 89, the staff judge advocate reviewed the case and found it
legally sufficient to support separation and recommended the applicant
receive a UOTHC discharge.
On 18 Sep 89, the discharge authority directed the applicant be discharged
with an UOTHC discharge.
The applicant was discharged on 18 Sep 89. He served a total of five
years, two months and 14 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of investigation,
indicated on the basis of the data furnished they were unable to locate an
arrest record (Exhibit C).
On 9 Oct 07, the Board staff requested the applicant provide documentation
regarding his activities since leaving military service. He did not
respond (Exhibit D).
_________________________________________________________________
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 AFBCMR Docket Number BC-2007-
02829 in Executive Session on 3 Jan 08 under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Joseph D. Yount, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Aug 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Negative FBI Investigative Report, 21 Sep 07.
Exhibit D. Letter, AFBCMR, dated 9 Oct 07.
MICHAEL K. GALLOGLY
Panel Chair
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