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AF | BCMR | CY2013 | BC 2013 04663
Original file (BC 2013 04663.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04663
		COUNSEL:  NONE
	                 	HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

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

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He applied to receive Veteran benefits; however, was denied due 
to his characterization of service.  

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.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
entered active duty on 1 February 1978 and was progressively 
promoted to the grade of technical sergeant (E-6).  

On 30 September 1988, the applicant submitted a request for 
discharge in lieu of Court-Martial after he tested positive to a 
commander-directed urine sample which tested positive for use of 
cocaine.  In his request, the applicant indicated that he 
understood if his request was approved that he may be discharged 
with a UOTHC discharge and that he may be deprived of Veteran 
benefits.  

On 7 October 1988, after considering the facts of the case, the 
applicant’s commander recommended his request be approved with a 
UOTHC discharge.  After the Staff Judge Advocate found the case 
to be legally sufficient, the discharge authority approved the 
recommended discharge and directed the applicant be discharged 
with an UOTHC discharge due to the serious nature of his 
misconduct.  

The applicant was discharged from active duty in the grade of 
technical sergeant effective 28 October 1988 with a UOTHC 
discharge under the authority of Air Force Regulation 39-10.  
His DD Form 214 reflects the narrative reason for discharge as 
“Request for Discharge in Lieu of Trial by Court-Martial.”  He 
served nine years, seven months, and ten days on active duty.  

________________________________________________________________
_

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, in the absence of any evidence related to the 
applicant’s post-service activities, there is no way for us to 
determine if the applicant’s accomplishments since leaving the 
service are sufficiently meritorious to overcome the misconduct 
for which he was discharged.  Therefore, in the absence of 
evidence to the contrary, the Board finds 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-2013-04663 in Executive Session on 22 May 2014, under 
the provisions of AFI 36-2603:

	                   , Panel Chair
	                   , Member
	                   , Member

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2013-04663:

	Exhibit A.  DD Form 149, dated 8 Mar 13, w/atchs.
	Exhibit B.  Discharge Case File.




                 
Panel Chair

2

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