AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00445
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes his discharge should be upgraded because of his age
and lack of maturity at the time of discharge.
In support of the applicant’s appeal, he provides copies of
certificates of achievement.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 August
1989.
The applicant was notified by his commander of his intent to
recommend that he be discharged from the Air Force under the
provisions of AFR 39-10. The specific reason was on or about
20 April 1991, the applicant wrongfully abused hashish and
methamphetamine. For this misconduct he received an Article 15.
He was advised of his rights in this matter and after consulting
with counsel, the applicant submitted a conditional waiver
requesting a general discharge. In a legal review of the case
file, the staff judge advocate found the case legally sufficient
and recommended discharge. The discharge authority concurred
with the recommendation. The applicant was discharged with a
UOTHC discharge on 20 September 1991. He served 2 years and
29 days on active duty.
Pursuant to the Board's request, the Federal Bureau of
Investigation (FBI), Clarksburg, West Virginia, provided an
arrest record which is at Exhibit C.
On 21 June 2012, a copy of the FBI Report of Investigation and a
request for information pertaining to his post-service activities
was forwarded to the applicant for review and response 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. Additionally, due to
the lack of evidence of a successful post-service adjustment and
in view of the information contained in the FBI investigative
report, we do not find it would be in the interest of justice to
upgrade his discharge on the basis of clemency. 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 an 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-2012-00445 in Executive Session on 24 July 2012, under
the provisions of AFI 36-2603:
2
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2012-00445 was considered:
Exhibit A. DD Form 149, dated 3 December 2011.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 7 June 2012.
3
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