RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01989
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_______________________________________________________________
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APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
_______________________________________________________________
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APPLICANT CONTENDS THAT:
He was not guilty of the charges.
In support of his request, the applicant provides a letter from
the Department of Veterans Affairs (DVA).
The applicants complete submission, with attachment, is at
Exhibit A.
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STATEMENT OF FACTS:
On 8 October 1980, the applicant enlisted in the Regular Air
Force.
On 1 July 1981, the applicants commander notified him that he
was recommending his discharge from the Air Force for
misconduct (drug abuse). The specific reasons for the
discharge action were:
a. On 4 February 1981, the applicant received an Article
15 for possession of cocaine.
b. On 21 February and 15 April 1981, the applicant
solicited an airman to possess marijuana, hashish, LSD,
amphetamines, and methaqualone. In addition, he transferred a
quantity of marijuana and LSD.
c. In a 21 April 1981, the applicant received $120.00
from an airman for the sale of what he alleged to be cocaine.
d. On 26 April 1981, the City of Aurora, Colorado charged
the applicant with disorderly conduct. He pled guilty to the
charge and was fined $41.00.
On 1 July 1981, the applicant acknowledged receipt of the
discharge notification and after consulting with counsel, he
waived his rights to an administrative discharge board with a
conditional waiver for a general discharge.
On 23 July 1981, the conditional waiver was rejected and he was
advised to submit an unconditional waiver or a request for a
board hearing. The discharge authority approved the UOTHC
discharge without probation and rehabilitation.
On 17 August 1981, the applicant was discharged under the
provisions of AFM 39-12, Separation for Unsuitability,
Misconduct, Resignation, or Request for Discharge for the Good
of the Service and Procedures for the Rehabilitation Program,
by reason of misconduct drug abuse, with an UOTHC discharge.
He was credited with 10 months and 13 days of active duty
service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an
investigative report, which is attached at Exhibit C.
On 14 December 2010, a copy of the investigative report was
forwarded to the applicant along with a request for post-
service documentation for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
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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 during the discharge process. 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. We considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to convince us to
recommend granting the relief sought on that basis. In view of
the foregoing, and in the absence of evidence to the contrary,
we conclude that no basis exists for us to recommend an upgrade
to the applicants UOTHC discharge.
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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.
_______________________________________________________________
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The following members of the Board considered AFBCMR Docket
Number BC-2010-01989 in Executive Session on 15 February 2011,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 14 Dec 10, w/atchs.
Panel Chair
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