RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00949
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
1. His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
2. His reentry (RE) code of 2B (Separated with a general or under
other than honorable conditions (UOTHC) discharge) be changed to
allow him to reenter the military.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was under duress when he signed his discharge notification
paperwork. He was not afforded the opportunity to consult counsel.
The charges filed against him were false and the Office of Special
Investigations (OSI) chose to believe a civilian who had a criminal
record. He would like to join the United States Coast Guard and is
presently pursuing a degree in organizational study.
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 9 Sep 80. The
applicant was notified by his commander that he was recommending
that he be discharged from the Air Force under the provisions of
AFR 39-10, paragraph 5-50.1. The specific reasons for this action
were for wrongfully using lysergic acid diethylamide (LSD) and for
wrongfully using marijuana. He received an Article 15 with a
reduction of rank to the grade of airman basic (E-1). The
applicant consulted counsel and elected to waive his right to an
administrative discharge board hearing and waived his right to
submit matters on his own behalf. After a legal review of the case
file, the staff judge advocate found the case legally sufficient.
On 18 Oct 90, the applicant was discharged with a UOTHC discharge
and an RE code of 2B. He served 2 years, 1 month, and 4 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. On 4 Nov 10, a copy of the FBI report was
forwarded to the applicant for review and comment within
30 days.
On 4 Nov 10, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days. As of this date, this office has received no
response.
___________________________________________________________________
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 regarding the
applicants request that his UOTHC discharge and RE code be
changed. After careful consideration of the available evidence, we
found no indication the actions taken to effect his discharge were
improper or contrary to the provisions of the governing regulations
in effect at the time, or the actions taken against the applicant
were based on factors other than his own misconduct. Furthermore,
because of the lack of documentation concerning his activities
since leaving the service, we are not inclined to recommend
upgrading his discharge based on clemency at this time. Therefore,
in the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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-2010-00949 in Executive Session on 14 Dec 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jan 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 4 Nov 10.
Panel Chair
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