RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04602
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded.
APPLICANT CONTENDS THAT:
It has been 30 years since his discharge and it is time he
cleared his name.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
14 Sep 77.
According to Special Court-Martial Order Number 18, dated
14 Jul 80, the applicant was charged with the following
specifications of violating article 134 of the Uniform Code of
Military Justice (UCMJ):
Specification 1: On or about 27 Mar 80, he wrongfully possessed
some amount of marijuana.
Specification 2: On or about 5 Mar 80, he wrongfully used
marijuana while confined in the Base Detention Facility as an
adjudged prisoner.
Specification 3: On or about 7 Mar 80, he wrongfully used
marijuana while confined the Base Detention Facility as an
adjudged prisoner.
Specification 4: On or about 10 Mar 80, he wrongfully
transferred some mount of marijuana.
Additional Specification: At diverse times between 13 Mar and
26 Mar 80, he wrongfully used marijuana while confined in the
Base Detention Facility as an adjudged prisoner.
The applicant was found guilty of the additional charge and
sentenced to be confined at hard labor for six months; to
forfeit one hundred dollars per month for six months; and to be
reduced to the grade of airman basic (E-1).
On 12 Dec 80, the applicant was furnished a UOTHC discharge for
misconduct drug abuse and was credited with 2 years, 5 months,
and 16 days of total active service.
On 26 Jun 14, a request for post-service information was
forwarded to the applicant for review and response within
30 days. In response, the applicant provides an expanded
personal statement describing his activities since leaving the
service and copies of his resume and a supporting statement from
his sister (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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of this case; however, we find no evidence or an error or
injustice that occurred during the discharge processing. Based
on the available evidence of record, it appears the applicants
discharge was carried out in accordance with the directive under
which it was affected and that he was provided full
administrative due process. In the interest of justice, we
considered upgrading the discharge based on clemency; however,
we do not find the documentation submitted by the applicant
sufficient to conclude that his contributions to his community
since leaving the service are sufficient to overcome the
misconduct for which he was discharged. Therefore, in the
absence of evidence the discharge was disproportionate to the
circumstances, there was an abuse of discretionary authority, or
the applicant was deprived of rights to which he was entitled,
we find no basis to recommend favorable consideration of the
application.
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-2013-04602 in Executive Session on 23 Sep 14, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Sep 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 26 Jun 14.
Exhibit D. Letter, Applicant, dated 18 Jul 14.
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