. RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01206
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions discharge (UOTHC) be
upgraded to honorable or general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not use drugs but confessed to smoking marijuana in an
effort to protect his wife. The drug test he was administered
show that he did not use drugs. He was never in any other
trouble and served proudly.
In support of the application, the applicant provides a
DD Form 293, Application for the Review of Discharge or Dismissal
from the Armed Forces of the United States.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman
basic on 22 Jan 82 for a term of four years, and was
progressively promoted to the grade of sergeant. On 3 Jul 90, he
was notified by his commander that he was recommending he be
discharged from the Air Force for drug abuse. The commander
cited the applicants wrongful use and possession of marijuana on
1 Mar 90 and 13 Apr 90.
The applicant acknowledged receipt of the notification of
discharge and after consulting with legal counsel waived his
right to an administrative discharge board and to submit
statements in his own behalf. The base legal office reviewed the
case and found it legally sufficient to support the discharge.
The discharge authority approved the separation and directed he
be discharged with a UOTHC discharge.
On 15 Aug 90, he was separated, under the provisions of AFR 39-
10, Administrative Separation of Airmen, for Misconduct-Drug
Abuse. He completed a total of 7 years, 11 months and 20 days of
active service.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report, which is at Exhibit C.
On 14 Oct 10, a copy of the FBI report was provided to the
applicant for review and comment within 30 days. He was also
notified of his right to submit post-service documentation to
support his request (Exhibit D).
The applicant states that he has changed his life around, he is a
productive member of society, and has been married for over
25 years. He assists veterans at the local American Legion where
he is a member. He is only able to submit one letter of support
on his behalf due to the short notice to provide post-service
support and job requirements that require him to travel.
Regarding his arrest, after notification of the death of a close
friend, he and his wife started drinking. Subsequently, after an
argument with his wife, he was arrested for verbal abuse. He no
longer consumes alcohol and has been a standup citizen.
The applicants complete response, with attachment, is at
Exhibit E.
_________________________________________________________________
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 applicants 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 applicants UOTHC
discharge was consistent with the substantive requirements of the
discharge regulation and within the commanders discretionary
authority. He has provided no evidence which would lead us to
believe the characterization of his service was improper or
contrary to the provisions of the governing regulation. We
considered upgrading the discharge based on clemency; however,
because of the limited documentation concerning his activities
since leaving the service, we are not inclined to recommend
upgrading his discharge based on clemency at this time. In view
of the foregoing, and in the absence of sufficient 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 Docket Number BC-
2010-01206 in Executive Session on 16 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 19 Mar 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 13 Oct 10, w/atchs.
Exhibit E. Letter, Applicant, undated, w/atch.
Panel Chair
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