RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01681
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded.
APPLICANT CONTENDS THAT:
He has been a productive member of society since his alleged
incident with drug use in the Air Force. He recognizes the
importance of working hard and providing for his family.
Currently, he is active in community programs that help people
stay off drugs. He has been drug, alcohol, and tobacco free for
25 years.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 4 Oct 84, the applicant initially entered the Regular Air
Force.
On 17 Apr 85, the applicant received Nonjudicial Punishment
(NJP) for use of marijuana, which consisted of suspended
reduction in rank, forfeiture of pay for two months, and 30 days
correctional custody.
On 8 May 86, the applicant received NJP for failure to go to his
required place of appointed duty, resulting in a suspended
reduction in rank and extra duty.
On 2 Dec 86, the applicant requested to be discharged in lieu of
court martial. Charges and specifications pending against the
applicant were two counts of distributing drugs on or about
26 Aug 86, and one count of theft of money.
On 16 Dec 86, after review and recommendation by the applicants
commander, and a review of legal sufficiency, the request to be
discharged in lieu of court martial was approved by the approval
authority.
On 19 Dec 86, the applicant was furnished a UOTHC discharge, in
lieu of trial by court-martial, and was credited with 2 years,
2 months, and 16 days of active service.
On 4 Aug 14, a request for post-service information was
forwarded to the applicant for review and response within
30 days. As of this date, no response has been received by this
office (Exhibit C).
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-2014-01681 in Executive Session on 28 Jan 15 under the
provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-01681 was considered:
Exhibit A. DD Form 149, dated 15 Apr 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 4 Aug 14.
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