RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04102
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was too harsh for the one incident of misconduct.
His years of good service prior to his misconduct should have
been considered in determining the characterization of his
discharge. He underwent rehabilitation therapy for the drugs and
did well, but was not allowed the opportunity to show the therapy
was successful. Although, he agreed to the UOTHC discharge, he
did not realize the full impact it would have on his life.
In support of his appeal, the applicant provides a copy of the DD
Form 293, Application for the Review of Discharge from the Armed
Forces of the United States.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 20 Apr 89, the applicant contracted his enlistment in the
Regular Air Force. He was progressively promoted to the grade of
senior airman, having assumed the grade effective and with a date
of rank of 20 Apr 92. He served as a cardiopulmonary lab
specialist.
On 21 Jan 93, the applicant underwent a random urinalysis. On
10 Feb 93, the sample tested positive for marijuana. On 17 Feb
93, the applicant voluntarily provided another urine sample, and
this sample also tested positive for marijuana. Court-martial
charges were preferred and on 23 Apr 93 the applicant requested
to be discharged in lieu of trial by court-martial.
On 27 Apr 93, the commander recommended the request for discharge
in lieu of trial by court-martial be approved and the applicant
be furnished a UOTHC discharge.
On 29 Apr 93, the legal office reviewed the case and found it
legally sufficient to support separation and recommended
discharge with a UOTHC discharge.
On 4 May 93, the discharge authority directed the applicant be
furnished a UOTHC discharge. He was discharged on 24 May 93. He
was credited with four years, one month, and five days of 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 15 Feb 12, a copy of the FBI Investigative Report was
forwarded to the applicant along with a request for post-service
documentation 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 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-2011-04102 in Executive Session on 24 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Oct 11, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 15 Feb 12, w/atchs.
Panel Chair
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