RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01948
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable (due to his inability to secure gainful
employment, medical treatment and veterans benefits).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has not been in legal trouble with the Federal Government
since his discharge.
In support of his request, the applicant provides a copy of his
DD Form 214, Report of Separation from Active Duty.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Jul 77, the applicant enlisted in the Regular Air Force.
On 7 May 79, Special Court-Martial charges were preferred
against the applicant for wrongful possession of marijuana and
wrongful transfer of marijuana on two separate occasions.
On 16 May 79, the applicant submitted a request for discharge
for the good of the service because his conduct subjected him to
trial by court-martial under circumstances which could lead to a
punitive discharge. He consulted counsel and was advised of his
rights and privileges.
On 25 May 79, the applicants squadron commander recommended the
request for discharge be approved and he be issued an UOTHC
discharge due to the potential delay and expense involved in the
judicial process necessary to resolve the issue. The Staff
Judge Advocate recommended the applicant be discharged and
issued an UOTHC discharge.
On 5 Jun 79, the 12th Air Force, Chief Military Justice found
the case legally sufficient and recommended an UOTHC discharge.
The discharge authority approved the applicants request for
discharge for the good of the service. He was issued an UOTHC
discharge pursuant to the provisions of AFM 39-12, Separation
for Unsuitability, Unfitness, Misconduct, Resignation, or
Request for Discharge for the Good of the Service and Procedures
for the Rehabilitation, Chapter 2, Section F.
On 15 Jun 79, the applicant was discharged from the Air Force
with an UOTHC discharge in the grade of airman first class. He
served 1 year, 11 months and 11 days of total active service.
On 8 Feb 84, the Air Force Discharge Review Board denied the
applicants request for upgrade of his UOTHC discharge to
honorable.
Pursuant to the Boards request, the Federal Bureau of
Investigations (FBI), Clarksburg, WV, provided a copy of an
Investigative Report (Exhibit C).
On 18 Aug 11, a copy of the Investigative Report and a request
for post-service information were forwarded to the applicant for
response within 30 days, however, it was returned with no
forwarding address. Also several attempts were made to contact
the applicant at the phone number provided on his application;
however, no response was received (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 error or injustice. After
thoroughly reviewing the evidence of record, we note the
applicant does not contend that his discharge from the Air Force
was inappropriate, or that the actions taken to effect his
discharge and the characterization of his service were improper
or contrary to the provisions of the governing regulations in
effect at the time. In addition, we find insufficient evidence
to warrant a recommendation that the discharge be upgraded on
the basis of clemency. We have considered the applicants
overall record of service, the events which precipitated the
discharge, and the contents of the FBI report; 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 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-2011-01948 in Executive Session on 22 Sep 11, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 May 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigation, dated 11 Jul 11.
Exhibit D. SAF/MRBC, Letter, dated 18 Aug 11.
Panel Chair
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