RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-03466
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be
upgraded to at least general under honorable conditions.
APPLICANT CONTENDS THAT:
He was set up and arrested for possession of cocaine when
another service member lured him to an abandoned location and
put the bag of cocaine in his hand.
The Board should find it in the interest of justice to consider
his untimely application because at the time, he was told
pursuing having his record changed would not result in any
change. He provides a copy of his DD Form 214, Certificate of
Release or Discharge from Active Duty, in support of his
application.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 4 Apr 90, the applicant entered the Regular Air Force.
On or about 1 Mar 91, he was charged with possession and/or
distribution of cocaine, in violation of Article 112a of the
Uniform Code of Military Justice (UCMJ)
On 9 Jul 91, he requested discharge in lieu of trial by court-
martial per AFI 39-10, Airman Separation Manual, Chapter 4.
On 10 Jul 91, his Detachment Commander recommended the
applicants request for discharge in lieu of trial by court-
martial be approved. The Air Base Group Staff Judge Advocate
(SJA) concurred with granting the applicants request. In
addition, his Group Commander concurred with his Detachment
Commanders recommendation to discharge him in lieu of trial by
court-martial.
On 12 Jul 91, the SJA found the case legally sufficient and
recommended he receive a UOTHC discharge. In addition, the
Commander agreed with the recommendation to discharge him in
lieu of special-court martial.
On 7 Aug 91, the applicant received an under other than
honorable conditions discharge. He was credited with 1 year, 4
months and 4 days of active service.
On 19 Sep 14, a request for post-service information was
forwarded to the applicant for review and comment within 30 days
(Exhibit C). As of this date, no response has been received by
this office.
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 applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error of injustice.
While we acknowledge the applicants request to upgrade his
under other than honorable conditions discharge, we do not
believe he has demonstrated evidence of an injustice, as
compared to others in his similar situation. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the requested relief.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
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 documentary evidence pertaining to AFBCMR Docket
Number BC-2014-03466 was considered:
Exhibit A. DD Form 149, dated 19 Aug 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 19 Sep 14.AF | BCMR | CY2007 | BC-2006-03608
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