RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-01724
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
His military counsel was not prepared to go to trial, so he took
his advice to separate. He has suffered the effects of the
UOTHC discharge for almost 24 years and was told that he could
apply for an upgrade without a problem.
In support of his appeal, the applicant submits a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 11 Mar 88 discharge.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Prior to the events under review, the applicant had completed
11 years of service.
On 26 Aug 87, the applicant was charged with; 1) one
specification of use of cocaine in violation of Article 112a,
Uniform Code of Military Justice (UCMJ); 2) two specifications,
one for subordination of perjury and for obstructing justice,
all in violation of Article 134, UCMJ. On 2 Mar 88, after
consulting with counsel, the applicant submitted a request for
discharge in lieu of court-martial. The staff judge advocate
found the case file legally sufficient and recommended the
applicant receive an UOTHC discharge. On 9 Mar 88, the Numbered
Air Force commander directed the applicant be discharged with an
UOTHC.
On 11 Mar 88, the applicant was discharged with a reason for
separation of request for discharge in lieu of trial by court-
martial, with service characterized as UOTHC. He was credited
with 11 years and 4 months of active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an
investigative report which is attached at Exhibit C.
On 20 Nov 12, a copy of the FBI report was forwarded to the
applicant for comment. At that time, he was also invited to
provide additional evidence pertaining to his activities since
leaving the service (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 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 during the discharge process. 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. We considered
updating his discharge on the basis of clemency; however, based
his overall record of service, the seriousness of the offenses
which led to his administrative separation, and the FBI Report
of Investigation, we are not persuaded that an upgrade of the
characterization of his discharge is warranted on this 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 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 AFBCMR Docket
Number BC-2012-01724 in Executive Session on 15 January 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFBCMR, dated 20 Nov 12, w/atchs.
Panel Chair
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