RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03309

	XXXXXXXX	COUNSEL:  NONE

		HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His Under Other than Honorable Conditions (UOTHC) Discharge be upgraded.  


APPLICANT CONTENDS THAT:

He was given his discharge without the knowledge of how it would affect his life.  He had one legal infraction in the civilian community while serving in Germany; however, it occurred when he was 19 years old and intoxicated.  He believes the discharge given was more severe than the misconduct in itself.  Additionally, he was not informed of his right to appeal and while he began the process in 1996 he was discouraged by what he had read.  

In support of his appeal, the applicant provides several character reference letters along with a personal letter indicating, he is married with three daughters, has ran his own carpentry business for the past 13 years, and believes he has been a model citizen contributing to his community.  Additionally, since his discharge he realized that he had a problem with alcohol and has since refrained from any use.  He would like to be able to tell his children “their father was Honorably Discharged.”    

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who enlisted in on 22 Feb 78.  

On 3 Sep 80, the applicant’s commander notified him he was recommending him for discharge for frequent involvement of a discreditable nature with civil or military authorities.  The commander recommended a UOTHC character of service based on the following:

      a. Prior to arriving at his permanent duty station, the applicant failed to return a rented bicycle to 3345 Recreation Supply.
      
      b. On 26 Sep 78, the applicant was given a non-recommendation of promotion by his commander.
      
      c. On 29 Sep 78, the applicant failed to return to his duty station at the prescribed time.
      
      d. On 3 Oct 78, 4 Oct 78, 19 Jan 79 and 7 Aug 79, the applicant failed to go at the prescribed time to his appointed place of duty.
      
      e. On 16 Nov 78, the applicant received notice of his unsatisfactory OJT program.
      
      f. On 5 Dec 78, the applicant had a female visitor in his room prior to visitation hours.
      
      g. On 9 Jan 79, the applicant failed to check his tools following the completion of his job.
      
      h. On 27 Feb 79, the applicant lost a tool he was responsible for.
      
      i. On 14 Mar 79, the applicant failed to go at the prescribed time to his appointed place of duty.
      
      j. On 16 Mar 79, the applicant failed to go at the prescribed time to his appointed place of duty.
      
      k. On 4 Apr 79, the applicant was in violation of AFR 35-10 and again failed to go at the prescribed time to his appointed place of duty.
      
      l. In June 79, the applicant was enrolled in the Drug Awareness Seminar.
      
      m. On 17 Aug 79, the applicant received a letter of reprimand because of unsatisfactory work performance and failure to report to work at the prescribed time on a number of occasions.
      
      n. On 30 Nov 79, the applicant made a statement to the AFOSI indicating personal involvement in both the sale and use of illegal drugs.
      
      o. On 9 Nov 79, 22 Nov 79, 2 Dec 79 and 11 Dec 79, the applicant's commander received notice from American Express stating that the applicant's account was overdrawn.
      
      p. On 14 Dec 79, the applicant again made a statement to the AFOSI indicating his personal involvement with illegal drugs.
      
      q. On 21 Jan 80, 5 Feb 80, 11 Feb 80, 14 Mar 80, 15 Mar 80 and 15 Apr 80, the applicant's commander received notice from AAFES stating that the applicant had written numerous dishonored checks.
      
      r. On 30 Jan 80 and 29 Feb 80, the applicant's commander received notice from the Spangdahlem NCOOM stating that the applicant had written several dishonored checks.
      
      s. On 12 Feb 80, the applicant's commander received a notice from the Spangdahlem Class VI store stating that the applicant had written two dishonored checks.
      
      t. On 5 Feb 80 and 19 Feb 80, the applicant's commander received notice from the Spangdahlem Commissary stating that the applicant had written two dishonored checks.
      
      u. On 27 Feb 80, the applicant's commander received notice from the Bitburg Class VI store stating that the applicant had written a dishonored check at the Hahn Class VI store.
      
      v. On 29 Feb 80, the applicant's commander received a notice stating that the applicant had written two dishonored checks at the Hahn Consolidated Open Mess.
      
      w. On 28 Jan 80, in information supplied to an Article 32 investigation, the applicant admitted using marijuana a couple of hundred times before coming into the service.  The fact was not related to the recruiter at the time of enlistment.  Further, the applicant indicated that he used marijuana on a weekly basis while attending technical school at Chanute Air Force Base and that since arriving at Bitburg Air base, he has used, transferred and sold hashish and marijuana approximately 40-45 times.  Further, he stated that he sold six hits of LSD.
      
      x. In another Article 32 investigation, U. S. v. CHISHOLM, the applicant testified under oath to having used marijuana, LSD, amphetamines, cocaine and heroin.
      
      y. On 28 Apr 80, the applicant robbed a German National of a briefcase containing items worth approximately 50 DM.
      
      z. On 1 Aug 80, the applicant failed to sign out before going on TDY.
      
      aa. On 18 Aug 80, the applicant was in violation of BABR 30- 3 for   failing to maintain his living quarters in a satisfactory manner.
The applicant acknowledged receipt of the notification of discharge and was afforded the opportunity to submit statements in his own behalf.
On 9 Sep 80, the applicant did not file a rebuttal statement to the action being taken against him and submitted an unconditional waiver of his rights to a hearing before an administrative discharge board.
On 4 Nov 80, the discharge authority approved the separation under AFM 39-12, Chapter 2, Section B, Paragraph 2-15a and directed the applicant be discharged with a UOTHC discharge without probation and rehabilitation. 


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 information provided sufficient for us to conclude that his discharge should be upgraded 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-2013-03309 in Executive Session on 11 Dec 14, under the provisions of AFI 362603:

XXXXXXXX, Chair	
XXXXXXXX, Member
XXXXXXXX, Member

The following documentary evidence was considered:

Exhibit A.  DD Form 149, dated 10 Jul 13.
Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFBCMR, dated 1 Aug 13.