RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04691
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to a General (Under Honorable Conditions).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was falsely accused by the Air Force Office of Special
Investigation (AFOSI) for having and using illegal drugs. He
was never given a drug test to validate usage of drugs. Even
though he denied any use of illegal substances and was allowed
to continue his professional business in the Air Force, he was
turned over to Japanese authorities about two months later. The
Japanese police treated him badly and he was subjected to
physical abuse. He tried for a long time to tell them he did
not have or use any drugs. They produced what they stated were
drugs found in his room on base and continued the pressure until
he decided to falsely confess that he used and possessed drugs.
No drugs were found when he was first arrested in his room on
base. As young as he was and scared for his life, what else
could he do?
In support of his request, the applicant provides a copy of his
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:
The applicant entered the Air Force on 25 Mar 81.
On 30 Sep 82, while stationed in Japan, the applicants
commander notified him he was recommending he be discharged from
the Air Force due to a civil court conviction. The court
conviction was for illegal possession of approximately 12 grams
of marijuana. In addition, he had previously received non-
judicial punishment (Article 15 of the Uniform Code of Military
Justice) on three occasions: 1) 11 May 82, for failure to go to
his appointed place of duty; 2) 15 Jul 82, for wrongful
possession of codeine and valium; 3) 20 Aug 82, for wrongful
possession of codeine.
On 12 Oct 82, the applicant acknowledged receipt of the action
and elected to exercise his right to a hearing before an
administrative discharge board. The administrative discharge
board met on 5 Nov 82 and recommended the applicant be furnished
a UOTHC discharge without probation or rehabilitation.
On 17 Dec 82, the case was found legally sufficient. On 21 Dec
82, the discharge authority directed the applicant be furnished
an UOTHC discharge without probation and rehabilitation.
On 28 Jan 83, the applicant was furnished an UOTHC discharge for
misconductcivil court conviction and credited with one year,
ten months, and four 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 5 Mar 11, a copy of the FBI Report and a request for post-
service information were forwarded to the applicant for review
and comment within 30 days. In response, the applicant provides
an expanded statement, a statement from his mother, and copies
of four letters of support (Exhibit E).
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. In the interest of
justice, we considered upgrading the discharge on the basis of
clemency; however, we do not find the evidence presented is
sufficient for us to recommend granting the relief sought on
that basis at this time. Therefore, in the absence of evidence
to the contrary, we conclude that no basis exists to grant the
relief sought in this application.
________________________________________________________________
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 the
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04691 in Executive Session on 5 Jun 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Nov 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 5 Mar 12, w/atch.
Exhibit E. Letter, Applicant, dated 5 May 12, w/atchs.
Panel Chair
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