RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01689
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to an under honorable conditions (general) discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
He admitted using drugs and accepted responsibility for his
actions. Since the incident he has served honorably with the
Massachusetts Air National Guard (ANG).
In support of his request, the applicant provides copies of his
DD Form 214, Certificate Release or Discharge from Active Duty,
NGB Form 22, Report of Separation and Record of Service, and Army
National Guard Honorable Discharge Certificate.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 Dec 92, the applicant contracted his enlistment in the
Regular Air Force. He served as a Visual Information Productions
Documentation Journeyman.
On 14 Nov 96, the applicants commander notified him that he was
recommending his discharge from the Air Force for drug abuse.
The specific reason for the discharge action was the applicant on
or about 1 Apr 96 and 31 May 96 wrongfully used crystal
methedrine (crank), for which he received an Article 15.
His commander advised him of his rights in this matter. On
14 Nov 96, he acknowledged receipt of the notification for
discharge and, after consulting with legal counsel, requested his
case be presented before an administrative discharge board.
On 3 Jan 97, the Board convened and found the applicant had
wrongfully used drugs and recommended he discharged with a UOTHC
service characterization.
On 6 Feb 97, the legal office concurred with the findings and
recommendations of the Board and recommended the applicant be
furnished a UOTHC discharge, without the possibility of probation
and rehabilitation.
On 7 Feb 97, the discharge authority concurred with the findings
and recommendation of the discharge board and directed the
applicants discharge. On 10 Feb 97, the applicant was furnished
a UOTHC discharge and was credited with four years and two months
of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 14 Dec 11, a copy of the Investigative Report and a request
for post-service information was forwarded to the applicant for
review and comment within 30 days (Exhibit D).
_________________________________________________________________
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 an 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. We considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to compel us to
recommend granting the relief sought on that basis. Therefore,
in the absence of evidence to the contrary, we find no basis upon
which to recommend granting the relief sought.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2011-01689 in Executive Session on 10 Jan 12 and
19 Jan 12, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 11, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 14 Dec 11, w/atch.
Panel Chair
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