RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2008-03234
		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 to honorable.

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APPLICANT CONTENDS THAT:

He was denied promotion, reduced in rank and fined over $300 for his first Article 15.  During the same time period, another airman was charged with Driving while Under the Influence (DUI) of alcohol.  However, he only received a “slap on the wrist” because he and the commander were the same race.  

He requested a discharge from military service after his first incident; however, his request was not processed and he was moved around for another year.

In support of his request, applicant provided a copy of his DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States; his DD Form 214, Certificate of Release or Discharge from Active Duty; certificates of appreciation and awards, and character reference letters.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 Sep 82 in the grade of airman basic.  He was progressively promoted to the grade of airman having assumed that grade effective and with a date of rank of 2 Mar 83.  

On 23 Mar 84, the applicant was notified by his commander of his intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, paragraph 5-47b, due to a pattern of misconduct. 

The specific reasons for his actions were Letters of Counseling (LOCs) for damaging government property and failure to go; Letters of Reprimand (LORs) for damaging government property and failing a dorm inspection; Memorandums for Record (MFRs) for being absent from scheduled training, delinquent charge accounts, and being drunk on station.  He also received two Article 15s for disobeying a lawful order and an Article 15 for testing positive for use of marijuana.  

He was advised of his rights in this matter and acknowledged receipt of the notification on the same date.  On 3 May 84, he requested a hearing before an administrative discharge board.

On 22 Jun 84, the board agreed with the findings and recommendations of the applicant’s commander.  In a legal review of the case file, the assistant staff judge advocate found the case legally sufficient and recommended discharge.  On 30 Aug 84, the discharge authority concurred with the recommendations and directed the applicant be issued an under other than honorable conditions discharge without probation and rehabilitation.  Applicant was discharged on 12 Sep 84.  He served 2 years and 11 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 5 Jan 09, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days.  In addition, the applicant was invited to provide post-service information (Exhibit D).

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APPLICANT’S RESPONSE TO REQUEST FOR POST-SERVICE AND FBI REPORT:

Applicant states the FBI was unable to associate dispositions with the charges because he is bipolar.  His problems occur only when his medication does not take affect (Exhibit E).

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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.  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.

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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 this application in Executive Session on 3 March 2009, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered under AFBCMR Docket Number BC-2008-03234:

	Exhibit A.  DD Form 149, dated 15 Sep 08, w/atchs.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C   FBI Report.
	Exhibit D.  Letter, AFBCMR, dated 21 Oct 08.
	Exhibit E.  Letter, Applicant, not dated.

	

                                  XXXXXXXXXX
                                  Panel Chair