RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00462
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He needs his discharge upgraded in order to receive medical
benefits. He was recently released from prison and is living in a
halfway house. He is praying the Board will find it in their
hearts to approve his request.
The applicant does not provide any supporting documentation.
His complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 10 Mar 75. He
was under charges for violation of Article 92, Uniform Code of
Military Justice (UCMJ), for two specifications of possession of
amphetamines and two specifications of possession of marijuana. He
submitted a letter requesting discharge under AFM 39-12, paragraph
2-78, for the good of the service. After a legal review of the
case file, the staff judge advocate found the case legally
sufficient and recommended the applicant receive an undesirable
discharge. On 21 Jun 76, the applicants commander recommended he
be discharged with an undesirable discharge under the provisions of
AFM 39-12, Section F. The applicant was counseled and elected to
accept his discharge. The applicant received a UOTHC on 25 Jun 76
after serving 1 year, 3 months, and 16 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. A copy of the FBI report was forwarded to
the applicant for review and comment within 30 days on 26 May 10.
As of this date, no response has been received by this office.
___________________________________________________________________
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 evidence
of record, 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, 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-00462 in Executive Session on 8 Jul 10, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence for Docket Number BC-2010-
00462 was considered:
Exhibit A. DD Form 149, dated 1 Feb 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 26 May 10.
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