RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04743
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to general.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was 19 years old when he entered the Air Force. It has been
over 30 years since his discharge and he has always tried to do
the right thing and treat others with respect.
He served in the Air Force to the best of his ability and had a
good service record.
He regrets getting involved in off base drug sales which
resulted in his discharge. He is no longer involved in drug
sales.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 Mar 1977, the applicant enlisted in the Regular Air Force
for a period of four years.
According to the applicants AF Form 2098, Duty Status Change,
on 25 Jul 1979, he was incarcerated in the North Carolina
Department of Corrections (youthful offender facility) for a
period of three years due to a felony conviction.
On 1 Oct 1979, he was separated from the Air Force with a UOTHC
discharge. His narrative reason for separation was MISCONDUCT-
Civil Court Disposition Board. He served two years and six
months of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report.
(Exhibit C).
On 17 Jan 2013, a copy of the FBI Report was forwarded to the
applicant for review and comment within 30 days (Exhibit D). As
of this date, this office has received no response.
________________________________________________________________
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 based on
clemency; however, we do not find the evidence presented
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 26 Feb 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-04743:
Exhibit A. DD Form 149, dated 28 Nov 2011.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report, dated 7 Mar 2012.
Exhibit D. Letter, AFBCMR, dated 17 Jan 2013.
Acting Panel Chair
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