RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03740
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 was not given an opportunity to remain in the military to
correct his actions.
He has dealt with the inadequateness (sic) since his discharge.
The discharge has hindered his life.
He was a young man when he was discharged and not the best
decision maker.
He was sorry then, and more so now, realizing what he could have
been and what he turned out to be.
The applicant did not provide any documentation in support of
his request.
His complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 3 May 83, the applicant enlisted in the Regular Air Force.
On 1 May 86, his commander notified him he was recommending his
separation from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, for Drug Abuse. The
specific reasons for this action were: In Apr 86, he wrongfully
used and possessed marijuana in violation of Article 112a of the
Uniform Code of Military Justice (UCMJ), for which he received a
Letter of Reprimand; and on, or about 1 Feb 84 to 25 Dec 85, he
wrongfully used and distributed marijuana in violation of
Article 112a of the UCMJ; and on, or about 8 Dec 85, he operated
a motor vehicle while drunk, for which he received an Article
15.
On 7 May 86, the Staff Judge Advocate (SJA) found the discharge
legally sufficient.
On 8 May 86, the commander barred him from four Air Force
installations.
In an undated memorandum, the applicant acknowledged the
discharge action and waived his right to a hearing before an
administrative discharge board.
On 29 May 86, the Area Defense Counsel stated he briefed the
applicant on his right to a discharge board hearing and the
effect of his unconditional waiver with regard to a UOTHC
discharge.
On 4 Jun 86, the SJA recommended a UOTHC discharge, without
probation and rehabilitation.
On 9 Jun 86, his commander considered him for probation and
rehabilitation under the provisions of AFR 39-10; however, he
did not find him a suitable candidate.
On 27 Jun 86, the applicant was discharged from the Air Force
with a UOTHC discharge. He served 3 years, 1 month, and 21 days
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 2 Feb 11, a copy of the FBI report
was forwarded to the applicant for review and comment within
30 days (Exhibit D), as of this date, no response has been
received by this office.
________________________________________________________________
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. 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 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 this application
in Executive Session on 20 Mar 12, under the provisions of AFI
36-2603:
, Panel Chair
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-03740:
Exhibit A. DD Form 149, dated 19 Sep 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 10 Nov 11.
Exhibit D. Letter, AFBCMR, dated 2 Feb 12.
Panel Chair
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