RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00441
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
______________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to
a under honorable conditions (general) discharge.
______________________________________________________________
APPLICANT CONTENDS THAT:
He had a substance abuse problem in 1989 and was discharged from the Air
National Guard (ANG). There was no treatment or rehabilitation available
for Reservist. He entered into treatment in November 1989. He is now a
certified substance abuse counselor.
In support of his appeal, applicant submitted a copy of his DD Form 214,
Report of Separation from Active Duty, NGB Form 22, Department of the Army
and the Air Force National Guard Bureau Report of Separation and Record of
Service, a personal statement and a National Archives (NA) Form 13059,
Transmittal of and/or Entitlement to Awards.
Applicant's complete submission, with attachments, is at Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
The NGB Form 22 submitted by the applicant reflects he served in the ANG
from 19 Mar 75 through 1 Oct 89. He was discharged for misconduct (drug
abuse). He served 14 years, 6 months and 13 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit B.
On 30 Dec 08, a copy of the Investigative Report was forwarded to the
applicant for review and comment within 30 days. The Board staff also
requested he provide documentation concerning his
activities since leaving military service. On 4 Jan 09, the Investigative
Report was returned as undeliverable (Exhibit C).
______________________________________________________________
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.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issues involved. Therefore, the request
for a hearing is not favorably considered.
______________________________________________________________
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-2008-
00441 in Executive Session on 29 Jan 09 under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Mark J. Novitski, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Sep 07, w/atchs.
Exhibit B. FBI Investigative Report.
Exhibit C. Letter, SAF/MRBC, dated 23 Jun 08, w/atch.
WAYNE R. GRACIE
Panel Chair
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