RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01499
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She is uncertain why she was discharged with less than an
honorable discharge. Her mother became ill and she was the only
available care giver.
The applicant does not provide any evidence in support of her
appeal.
A copy of the applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served as an Administration Specialist and was progressively
promoted to the grade of sergeant (E-4) with a date of rank of
1 August 1973.
On 11 June 1976, the applicant was tried by a special court-
martial for four specifications of wrongful sale of heroin and
one specification wrongful possession of a controlled substance.
On 26 August 1976, the reviewing authority approved the findings
and a sentence of a dishonorable discharge, confinement at hard
labor for 12 months, total forfeitures, and reduction in grade to
airman basic (E-1).
On 14 January 1977, the Air Force Court for Military Review
dismissed the charge involving possession of a controlled
substance as not having been service connected. It also set
aside the findings of guilty as to the charges involving the sale
of heroin as well as the approved sentence. The appellate court
held the applicant was materially prejudiced by the trial judges
failure to sua sponte [on its own will or motion] give the
court an unabbreviated instruction regarding accomplice
testimony. Specifically, it was held that the trial judge should
have instructed the court that the testimony of the witnesses
were uncorroborated as a matter of law, and that it could not be
used to convict the applicant if the court considered it self-
contradictory, uncertain, or implausible.
On 25 February 1977, the commander approved action for a
rehearing. On 7 March 1977, after consulting with counsel, the
applicant filed her request for discharge in lieu of trial by
court-martial under the provisions of Air Force Manual 39-12,
Chapter 2, Section F. She indicated that if her request for
discharge was approved, she understood it may result in her
receiving a UOTHC discharge.
On 15 March 1977, the Staff Judge Advocate recommended that it
would be in the best interest of the government to approve the
applicants request for discharge. On 16 March 1977, the
discharge authority approved the recommended discharge and
directed she be furnished an UOTHC discharge certificate under
the provisions of Air Force Manual 39-12, Section F, paragraph 2-
78. The applicant was discharged effective 18 March 1977, with a
UOTHC discharge. She served three years, four months, and six
days on active duty.
On 23 March 1978 and 8 December 1980, the Air Force Discharge
Review Board (AFDRB) considered and denied the applicants
request to upgrade her discharge.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C). On 16 June 2010, the applicant
was given an opportunity to submit comments about her post
service activities and the FBI Report (Exhibit D). 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. 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
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 the service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. Furthermore, we do
not find clemency is appropriate in this case since the applicant
has not provided any evidence concerning her post-service
activities. Based on the foregoing, 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-2010-01499 in Executive Session on 18 November 2010,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01499 was considered:
Exhibit A. DD Form 149, dated 24 Jul 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 16 Jun 10, w/atch.
Panel Chair
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