RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04757
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her Under Other Than Honorable Conditions (UOTHC) discharge be
changed to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The statement and allegations made against her were untrue. The
discharge was improper because she never faced an administrative
discharge board (ABD). It was unfair to give her a UOTHC
discharge as she was so close to finishing her four your tour.
She had an outstanding service record and she has been a good
citizen since being discharged.
In support of her appeal, she provides an expanded statement,
copies of her DD Form 214, Certificate of Release or Discharge
from Active Duty, numerous Witness Interview Sheets, and her
1986 letter to her Congressman.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to the applicants official military records, she
enlisted in the Air Force on 17 Dec 1982.
On 15 May 86, she was furnished a UOTHC discharge in lieu of a
court-martial for charges of illegal drug use, and she was
credited with 3 years, 4 months, and 29 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 19 Apr 12, a copy of the FBI Investigative Report and a
request for post-service information was forwarded to the
applicant for review and comment within 30 days. As of this
date, no response has been received by this office (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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of this case; however, we find no evidence or an error or
injustice that occurred in the discharge process. We note the
applicants military personnel records do not contain a copy of
the discharge package. Therefore, the facts and circumstances
that precipitated her UOTHC discharge could not be verified.
However, based on the presumption of regularity in the conduct
of governmental affairs, absent evidence to the contrary, we
must assume the applicants discharge, to include her service
characterization, was proper and in compliance with the
directive under which it was effected. Other than her own
assertions, the applicant has presented no evidence to indicate
otherwise. In the interest of justice, we considered upgrading
the discharge based on clemency; however, in the absence of any
evidence of a successful post-service transition, we are not
inclined to recommend granting relief upon this basis.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend favorable consideration of the
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 this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-04757 in Executive Session on 14 Jun 12, under
the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Nov 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, SAF/MRBR, dated 19 Apr 12, w/atch.
Panel Chair
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