RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02275 INDEX CODE:	110.00

COUNSEL:	NONE HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

APPLICANT CONTENDS THAT:
He was not properly counseled regarding his discharge. He served his country respectfully and his discharge should be upgraded. Instead of helping him with his alcohol addiction the Air Force kicked him out.

In support of his request, applicant provided three letters of character reference.

The applicant's complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 12 Mar 81 and was progressively promoted to the grade of senior airman.

On 31 Jul 84, applicant’s commander brought court-martial charges against him for driving while intoxicated, assaulting a security police officer, resisting apprehension, and damaging a security police vehicle. After consulting with legal counsel, applicant submitted a voluntary request for discharge in lieu of trial by court-martial. He understood that if his request was approved he may be discharged with an under other than honorable conditions (UOTHC) discharge.

The Staff Judge Advocate found the case file legally sufficient to support the separation and recommended the applicant’s request for discharge in lieu of court-martial be approved and that he receive a UOTHC discharge. The discharge authority approved the applicant’s request for discharge and directed that he be discharged with a UOTHC discharge.

The applicant was discharged on 31 Aug 84, under the provisions of AFR 39-10, Request for Discharge in Lieu of Trial by Court-

Martial, and received a UOTHC discharge. He served on active duty for 3 years, 5 months, and 20 days.

Pursuant to the Board’s request on 27 Jun 08, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided a copy of an investigation report, which is attached at Exhibit C.  On
15 Aug 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. In response to the FBI report he states his eyes are brown, not blue, his hair is brown, not blond, and he provided his social security number.

A copy of his response is at Exhibit E.

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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, 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 service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the offenses committed. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to compel us to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

4.	The applicant's 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 issue involved. Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 Docket Number BC-2008-02275 in Executive Session on 17 September 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-02275 was considered:

Exhibit A. DD Form 149, dated 1 Nov 05, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation.
Exhibit D.	Letter, AFBCMR, dated 15 Aug 08. Exhibit E.	Letter, Applicant, dated 20 Aug 08.