RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00685
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
His discharge after 55 months of service was inequitable as the
decision was based on one isolated incident, which occurred
after completing temporary duty in Thailand.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 28 Nov
90.
Between 4 Jan 95 and 6 Jun 95, the applicant received four
Article 15s, Nonjudicial Punishment; which consisted of two
instances of drug abuse, one instance of violating base
restriction and one instance of failing to pay just debts.
Punishment consisted of extra duty, base restriction, forfeiture
of pay, and demotion to airman basic.
On 14 Jun 95, the applicants commander initiated discharge
proceedings with an Under Other Than Honorable Conditions
pursuant to AFI 36-3208, Administrative Separation of Airmen,
Section H, paragraph 5.54 and 5.50.2 for misconduct based on
drug abuse and pattern of misconduct. The same day, the
applicant acknowledged notification and on 19 Jun 95 submitted
an unconditional waiver of his rights associated with an
administrative discharge board.
On 10 Jul 95, the applicant was furnished an Under Other Than
Honorable Conditions discharge, and was credited with 4 years, 7
months, and 13 days of active service.
A request for post-service information was forwarded to the applicant
on 28 Apr 14 for review and comment within 30 days. As of this date,
no response has been received by this office.
The remaining relevant facts pertaining to this application are
contained in the memorandum prepared by the Air Force office of
primary responsibility (OPR), which is attached at Exhibit C.
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 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
applicants post-service activities, there is no way for us to
determine if the applicants 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, we find no basis to recommend granting
the relief sought.
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-2014-00685 in Executive Session on 21 Nov 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin - Clemency.
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