RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01948
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions discharge be upgraded
to Honorable.
APPLICANT CONTENDS THAT:
He was instructed that his characterization of discharge would
change to Honorable after 180 days based on an agreement made at
separation.
His reason for discharge, drug abuse is unfounded and the
discharge was accepted on the merits his discharge would be
upgraded after 180 days.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 25 Sep
87.
On 27 Nov 91, the applicant was notified by his commanders
intent to recommend discharge under the provisions of AFR 39-10,
Separation Upon Expiration of Term of Service, for Convenience
of Government, Minority, Dependency and Hardship, Chapter 5,
Section H, paragraph 5.51 for Misconduct Drug Abuse. This
action was based on his arrest by civilian authorities for
illegally distributing cocaine on multiple occasions during
August 1991. The applicants commander recommends an Under
Other Than Honorable Conditions discharge.
On 9 Dec 91, the applicant offered a conditional waiver of his
rights associated with an administrative discharge board,
contingent on his receipt of no less than a General discharge.
On 16 Dec 91, the applicants Wing Commander rejected the
conditional waiver.
On 16 Jan 92, the applicant submitted an unconditional waiver to
an administrative discharge board hearing along with three
letters of appreciation for consideration.
On 4 Feb 92, the Staff Judge Advocate reviewed the case and
found it legally sufficient.
On 13 Feb 92, the discharge authority considered probation and
rehabilitation and determined that it is not appropriate in this
case. He approved an Under Other Than Honorable Conditions
discharge.
On 20 Feb 92, the applicant was furnished an Under Other Than
Honorable Conditions discharge, and was credited with 4 years, 4
months, and 26 days of active service.
On 14 May 14, a request for post-service information was
forwarded to the applicant for review and comment within 30
days. As of this date, no response has been received by the
applicant.
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-2014-01948 in Executive Session on 16 Dec 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 May 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Information Bulletin Clemency Letter
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