RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04921
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His UOTHC discharge is unjust because it does not accurately
reflect his character. Since his discharge, he has made
remarkable changes from the person that he was at the time of his
separation. He believes he would have been able to make these
changes while in the military if he had not been separated.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Jun 93, the applicant contracted his enlistment in the
Regular Air Force.
On 27 Sep 94, the applicants commander notified him that he was
recommending his discharge from the Air Force for fraudulent
entry. The specific reason for the discharge action was he
provided false information on his enlistment documents pertaining
to prior civilian illegal drug use. On 31 Oct 94, the
applicants commander amended the notification letter to include
the fact the applicant revealed that he willingly used
methamphetamines in Apr 94 to the Air Force Office of Special
Investigation (AFOSI).
On 31 Oct 94, the case was found legally sufficient and referred
to an administrative discharge board.
On 11 Jan 95, an administrative discharge board convened and,
after considering all the facts and circumstances of the
applicants case, recommended the applicant be furnished a UOTHC
discharge.
On 28 Feb 95, the findings and recommendations of the
administrative discharge board were found legally sufficient and,
the discharge authority directed the applicant be furnished a
UOTHC discharge. On 10 Mar 95, the applicant was furnished a
UOTHC discharge and was credited with 1 year, 8 months, and 20
days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report
which is attached at Exhibit C.
A copy of the FBI Investigative Report and a request for post-
service information was forwarded to the applicant on 3 Jul 12
(Exhibit D). In response, the applicant states he hid his pre-
service drug use because he was afraid it would hinder his
options for a career in the military. While on active duty he
was in denial and thought he could control his drug use. After
being discharged, his drug use continued. His drug use led him
into repeated contact with law enforcement and multiple
convictions. He offers no excuses for any of it. His criminal
history reflected on the FBI report is directly attributable to
his drug addiction. Although not all of the charges were drug
related, each and every act was done because of the obsessive and
compulsive nature of his addiction his "need" to acquire more
drugs. Finally, he reached out and received support from loved
ones; and has been in recovery for over eight years. He has had
steady employment with the same employer for almost seven years.
He hopes that some understanding may be provided by this letter
and that together with the letters that others have written and
submitted on his behalf, the review board will see fit to take
into account the changes he has made in his life and grant a
clemency upgrade of his discharge.
The applicants complete response, with attachments, is at
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 an error or injustice. We took
notice of the applicant's complete submission, to include his
rebuttal, 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 discharge
authoritys 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-2011-04921 in Executive Session on 7 Aug 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Sep 11, w/atch.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 3 Jul 12, w/atch.
Exhibit E. Letter, Applicant, dated 27 Jul 12, w/atchs.
Panel Chair
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