RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01366
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for missing 4 hours of Airman Leadership School
(ALS) and accused of providing marijuana to another member of the
service. The accusations could not be proved; however, he
admitted to missing school and received an Article 15 for his
actions. He believes his discharge was based on the Article 15
he received. He is truly sorry for missing time in school;
however, he still stands by his assertion that he did not have
any part in the marijuana charge. His discharge certificate does
not reflect his schools or ribbons. He wishes he had fought to
stay in the military, but he did not have an attorney to
represent him. He is unemployed and does not have health
insurance; he is in need of medical care from the Department of
Veterans Affairs (DVA) for some problems that occurred while
serving in the military.
In support of his appeal, the applicant provides his DD Form 214, Certificate of Discharge or Release from Active Duty.
Applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force 4 May 77. His
commander directed he be discharged from the Air Force and
furnished with an UOTHC discharge under the provisions of AFM 39-
12, Chapter 2, Section F, paragraph 2-78. The specific reasons
for this action were for wrongfully possessing, selling,
transferring, and introducing some quantity of marijuana. The
applicant submitted a request to be issued a general discharge
instead of a UOTHC discharge; however, the discharge authority
denied his request and issued him a UOTHC discharge certificate.
After a legal review of the case, the staff judge advocate found
the case legally sufficient. He received an UOTHC discharge on
21 May 82 after serving 5 years and 18 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 on 8 Jul 10 for review and comment within 30 days.
As of this date, no response has been received by this office.
A request for information pertaining to his post-service
activities was forwarded to the applicant on 8 Jul 10 for
response within 30 days.
_________________________________________________________________
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. 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. In addition, in
view of the contents of the FBI Identification Record we are not
persuaded that the characterization of the applicants discharge
warrants an upgrade on the basis of clemency. Having found no
error or injustice with regard to the actions that occurred while
the applicant was a military member, we conclude that no basis
exists to grant favorable action on his request.
_________________________________________________________________
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 this application in
Executive Session on 10 Aug 10, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Mar 10, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 8 Jul 10.
Panel Chair
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