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Decision Text

AF | BCMR | CY2011 | BC-2011-01414
Original file (BC-2011-01414.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-01414
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be 
upgraded to general (under honorable conditions).  

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He got into trouble with civilian authorities for drug 
possession.  He made a terrible mistake and paid his price to 
society for his error.  He provided the Air Force with honorable 
service up to the point he made the mistake.  He has not 
possessed or used drugs since the incident that led to his 
discharge.  He feels an upgrade to his characterization of 
discharge is warranted.  

In support of his appeal, the applicant provides a personal 
statement; a letter of support from his sister; and a copy of 
his DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge.  

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served on active duty from 26 April 1971 to 28 June 1973.  He 
served as an Administrative Specialist and was progressively 
promoted to the grade of airman first class (E-3).  

On 5 October 1972, the applicant was arrested by civilian 
authorities for possessing marijuana for sale and for unlawfully 
maintaining a place to sell narcotics.  He was subsequently 
convicted and was sentenced to three years of probation and 90 
days in the County Jail.  He served 71 days in jail after being 
released early for good behavior.  

On 3 November 1971, the applicant volunteered for rehabilitation 
under the United States Air Force Drug Abuse Program.  On 15 May 
1973, he was disenrolled for failure to complete Phase V of the 
rehabilitation program.  He subsequently signed a statement 
refusing probation and rehabilitation if offered to him.  

On 23 May 1973, the applicant was notified of his commander’s 
intent to recommend the applicant for discharge for misconduct.  
The applicant waived his right to a hearing before an 
administrative discharge board, but submitted a statement in his 
own behalf requesting he not be issued an undesirable discharge.  
On 22 June 1973, the Acting Staff Judge Advocate found the case 
to be legally sufficient and recommended the applicant be 
discharged with an undesirable discharge without probation or 
rehabilitation.  On 25 June 1973, the discharge authority 
approved the recommended discharge under the provisions of Air 
Force Manual 39-12, Chapter 2, Section C, paragraph 2-23.  

The applicant was discharged from active duty effective 28 June 
1973 with a UOTHC discharge.  He served two years, two months, 
and three days on active duty.  

Pursuant to the Board’s request, the FBI indicated that on the 
basis of the data furnished, they were unable to locate an 
arrest record pertaining to the applicant.

________________________________________________________________
_

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 his 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-2011-01414 in Executive Session on 10 November 2011, 
under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-01414 was considered:

Exhibit A.  DD Form 149, dated 1 Apr 11, w/atchs.
Exhibit B.  Applicant's Master Personnel Records.




								
								Panel Chair
2

3

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