RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-04202
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded
to honorable.
______________________________________________________________
APPLICANT CONTENDS THAT:
He was administratively separated with a UOTHC discharge based on hearsay
alone. There was no physical evidence or proof of the use of marijuana
other than hearsay. He was never counseled or given an Article 15 during
his otherwise exemplary military career of three and a half years.
The applicant's complete submission is at Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 23 Feb 65 for a period
of four years. He was progressively promoted to the grade of sergeant
(E4) with a date of rank (DOR) of 1 Jun 67.
On 3 May 68, he was discharge under the provisions of AFM 39-12 with a
reason for separation of drug abuse and an under other than honorable
conditions character of service. He was credited with 3 years, 2 months,
and 11 days of active duty service.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an investigative report which is
attached at Exhibit C.
On 3 Jun 09, a copy of the FBI report was forwarded to the applicant for
comment. At that time, he was also invited to provide additional
evidence pertaining to his activities since leaving the service (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 during the discharge
process. 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 his service was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to the offenses
committed. Therefore, after a careful review of the evidence of record
and considering his overall record of service, the seriousness of the
offense which led to his discharge, and the FBI Report of Investigation,
we are not persuaded that an upgrade of the characterization of his
discharge is warranted. In view of the above and in the absence of
evidence to the contrary, we find no basis upon which to recommend
granting the requested relief.
___________________________________________________________________
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-
2008-04202 in Executive Session on 16 July 2009, under the provisions of
AFI 36-2603:
Ms. Patricia J. Zarodkiewicz, Chair
Mr. Garry G. Sauner, Member
Mr. Robert S. Jack II, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Nov 08.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 3 Jun 09.
PATRICIA J. ZARODKIEWICZ
Chair
AF | BCMR | CY2009 | BC-2008-02590
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS They recommended the applicant’s request be approved and that he receive a UOTHC discharge. The following members of the Board considered Docket Number BC- 2008-02590 in Executive Session on 16 October 2008, under the provisions of AFI 36-2603:
AF | BCMR | CY2007 | BC-2007-01598
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AF | BCMR | CY2007 | BC-06-03239
The discharge case was reviewed by the base legal office and found to be legally sufficient to support discharge and recommended his request for discharge in lieu of trial by court- martial be approved and he be discharged with an UOTHC discharge without probation and rehabilitation (P&R). The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, nor did he provide any facts warranting a change to his UOTHC discharge. Exhibit B.
AF | BCMR | CY2007 | BC-2007-00819
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AF | BCMR | CY2007 | BC-2007-00771
In addition, based on his overall record of service, the events which precipitated the discharge, and the contents of the FBI report, we are not persuaded that an upgrade of the characterization of his discharge is warranted on the basis of clemency. Exhibit B. Exhibit D. Air Force Regulation 39-17A.
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AF | BCMR | CY2007 | BC-2007-01469
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01469 INDEX CODE: 110.00 XXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 8 November 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: His characterization of service be upgraded from general to honorable. On 17 April 2007, the SAF/MRB Legal Advisor provided a generic opinion concerning service...
AF | BCMR | CY2007 | BC-2007-01366
The applicant has not shown the characterization of his discharge was contrary to the provisions of AFR 39-17, Discharge of Airmen Because of Unfitness, (copy attached as Exhibit D). At the time of the applicant’s discharge, AFR 39-17, paragraph 8, stated that when discharged because of unfitness, an Undesirable Discharge (UD) will be furnished unless the particular circumstances in a given case warrants a general or honorable discharge. Exhibit B.
AF | BCMR | CY2009 | BC-2009-02632
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS Based on the available evidence of record, it appears the applicant’s UOTHC discharge for misconduct-sexual deviation was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to upgrade the applicant’s UOTHC discharge.
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______________________________________________________________ APPLICANT CONTENDS THAT: He had a substance abuse problem in 1989 and was discharged from the Air National Guard (ANG). The Board staff also requested he provide documentation concerning his activities since leaving military service. ______________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error...