RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01268
		COUNSEL:  NONE
	                      	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be 
upgraded to a general (under honorable conditions) discharge.  

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APPLICANT CONTENDS THAT:

Since his discharge he has bettered himself and has become a 
working-class member of society.  He would like to receive 
Veteran benefits.  

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.  

The applicant's complete submission, with attachment, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
entered active duty on 22 February 1995.  

On 7 February 1997, the applicant was notified of his 
commander’s intent to recommend him for a general (under 
honorable conditions) discharge for drug abuse and a pattern of 
misconduct under the authority of Air Force Instruction 36-3208, 
Section H, paragraphs 5.54 and 5.50.2 respectively.  The 
commander cited the reasons for his recommendation was that on 
17 April 1997, the applicant had been arrested by civilian 
authorities for firing at least five rounds from a 9 millimeter 
Browning handgun into a residential dwelling endangering the 
safety of three persons; on 30 August 1996, he falsely swore 
that he had not either used or possessed any illegal substances; 
on 29 August 1996, he failed to obey a lawful order to not 
consume alcohol beverages while under the age of 21 years of 
age; between 15 May and 31 May 1996, he wrongfully used 
marijuana; on 24 November 1995, he failed to obey a lawful order 
by wrongfully leaving the base and failing to remain in uniform 
during the hours of 0700 to 1900; on 6 November 1995, he 
wrongfully possessed stolen property of a value exceeding $100 
belonging to another airman; and on 27 July 1995, he wrongfully 
had sexual intercourse with a female airman not his wife.  As a 
result of the foregoing misconduct, the applicant received two 
Article 15 punishments and two referral Enlisted Performance 
Reports (EPRs).  He received punishment consisting of reduction 
from the grade of airman (E-2) to the grade of airman basic (E-
1), forfeiture of $200 pay per month for two months, and 45 days 
base restriction.  

On 5 March 1997, the wing commander directed the commander’s 
recommendation for discharge be reinitiated and referred to an 
administrative discharge board for a determination whether a 
UOTHC service characterization may be warranted.  On 11 March 
1997, the applicant’s commander reinitiated the action 
recommending the applicant be separated with a UOTHC service 
characterization.  The applicant acknowledged his commander’s 
recommendation and the basis thereof.  On 12 March 1997, the 
applicant requested an administrative discharge board.  

On 21 April 1997, his commander amended his 11 March 1997 
notification memorandum by adding an additional reason for 
discharge (the applicant’s civilian arrest for firing a handgun 
at a civilian residence).  On 28 April 1997, the applicant’s 
defense counsel acknowledged receipt on his behalf since the 
applicant had been incarcerated by civilian authorities.  On 
29 April 1997, the applicant personally executed and submitted 
an unconditional waiver of his rights to an administrative 
discharge board.  

On 15 May 1997, the Assistant Staff Judge Advocate and Acting 
Staff Judge Advocate found the case to be legally sufficient.  
On 18 May 1997, the discharge authority accepted the applicant’s 
unconditional waiver and directed he be discharged with a UOTHC 
discharge for Conduct Prejudicial to Good Order and Discipline, 
and, Drug Abuse without an opportunity for probation or 
rehabilitation.  

The applicant was discharged from active duty in the grade of 
airman basic effective 2 June 1997 with a UOTHC discharge.  His 
DD Form 214 reflects the narrative reason for discharge as 
“Misconduct.”  He served 2 years, 1 month, and 25 days on active 
duty with lost time from 17 April 1997 to 2 June 1997 due to 
being incarcerated by civilian authorities.  

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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 is sufficient to 
recommend granting the relief sought on that basis.  Therefore, 
in the absence of evidence to the contrary, the Board finds no 
basis upon which to recommend granting the relief sought.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-01268 in Executive Session on 12 December 2013, 
under the provisions of AFI 36-2603:

	                      , Panel Chair
	                      , Member
	                      , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-01268:

	Exhibit A.  DD Form 149, dated 8 Mar 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.




                   
Panel Chair
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