RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03250
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He received his discharge for marijuana use but was never
offered any help for his problem. He could not quit using on
his own.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
According to the applicants DD Form 214, Certificate of Release
or Discharge from Active Duty, on 27 Mar 78, he enlisted in the
Regular Air Force.
On 23 Nov 82, the applicant was found guilty of two
specifications of wrongful possession of marijuana, one
specification of wrongful use of marijuana, one specification of
wrongful use of cocaine, and one specification of wrongful
transfer of marijuana in violation of Article 134 of the Uniform
Code of Military Justice (UCMJ) and was sentenced at a Special
Court-Martial to a reduction to the grade of E-2, forfeiture of
$250, and hard labor without confinement for 30 days.
On 8 Dec 82, the convening authority approved the finding and
sentence and directed that it be executed in its entirety.
On 8 Feb 83, the applicant received an Article 15 for wearing
brown shoes with his white uniform and being incapacitated for
the proper performance of duty, in violations Article 92 and
134 respectively, of the UCMJ. As a result, his punishment
consisted of reduction to the grade of Airman Basic (AB, E-1).
On 18 Feb 83, the applicant received a Letter of Reprimand (LOR)
for failure to go to his appointed place of duty.
On 23 May 83, the discharge authority directed the applicant be
discharged with an UOTHC discharge.
On 31 May 83, the applicant received an UOTHC discharge and was
credited with 5 years, 2 months, and 5 days of total active
service.
On 18 Sep 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 this
office (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 warrant such an action. 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-2014-03250 in Executive Session on 8 Apr 15, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Aug 14.
Exhibit B. Available Applicant's Master Personnel Records
Exhibit C. Letter, SAF/MRBR, dated 18 Sep 14, w/atch.
3
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