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 commanders
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 Boards 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
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