RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-03121
		INDEX CODE:  110.02
		COUNSEL:  NONE
		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded.

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APPLICANT CONTENDS THAT:

He was in denial about his alcohol problems and never sought help.  He needs his discharge upgraded for employment reasons and to join the Idaho National Guard.

In support of his request, the applicant provided copy of a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States.

His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 17 Sep 80, the applicant contracted his initial enlistment in the Regular Air Force.  He was progressively promoted to the grade of senior airman; however, he was demoted to airman first class on 19 Apr 84. 

On 19 Jun 84, the applicant’s commander notified him he was recommending his discharge from the Air Force for misconduct.  The specific reasons for the discharge action were:

	a.	On 21 Feb 84, he received an Article 15 for failing to go at the prescribed time to his appointed place of duty on 2, 6, and 7 Feb 84.

	b.	On 5 Apr 84, he received a Letter of Reprimand (LOR) for testing positive for marijuana and his admitted use of marijuana. 

	c.	On 19 Apr 84, he received an Article 15 for striking another airman on 7 Apr 84 and failure to go on 11 Apr 84.

	d.	On 14 Jun 84, he received an Article 15 for wrongfully possessing marijuana.

His commander advised him of his rights in this matter.

He acknowledged receipt of the notification, consulted with legal counsel and submitted an unconditional waiver of his right to an administrative discharge board.

The command and base legal office reviewed the case and recommended accepting the unconditional waiver and discharge with an UOTHC discharge without probation and rehabilitation.

On 23 Jul 84, the discharge authority directed discharge with a UOTHC discharge without probation and rehabilitation.

He was discharged on 7 Aug 84.  He served 3 years, 10 months and 21 days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, which is at Exhibit C.

On 6 Oct 08, the Board staff requested the applicant provide documentation regarding his activities since leaving military service and forwarded a copy of the investigative report for his review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.
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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, 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.  Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2008-03121 in Executive Session on 23 Oct 08 under the provisions of AFI 36-2603:

				XXXXXXXXXX, Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 21 Aug 08, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Investigative Report.
   Exhibit D.  Letter, SAF/MRBC, dated 6 Oct 08, w/atchs.

							XXXXXXXXXX
							Chair