RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00462 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded. ___________________________________________________________________ APPLICANT CONTENDS THAT: He needs his discharge upgraded in order to receive medical benefits. He was recently released from prison and is living in a halfway house. He is praying the Board will find it in their hearts to approve his request. The applicant does not provide any supporting documentation. His complete submission is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 10 Mar 75. He was under charges for violation of Article 92, Uniform Code of Military Justice (UCMJ), for two specifications of possession of amphetamines and two specifications of possession of marijuana. He submitted a letter requesting discharge under AFM 39-12, paragraph 2-78, for the good of the service. After a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended the applicant receive an undesirable discharge. On 21 Jun 76, the applicant’s commander recommended he be discharged with an undesirable discharge under the provisions of AFM 39-12, Section F. The applicant was counseled and elected to accept his discharge. The applicant received a UOTHC on 25 Jun 76 after serving 1 year, 3 months, and 16 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. A copy of the FBI report was forwarded to the applicant for review and comment within 30 days on 26 May 10. 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 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 evidence of record, 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 his 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. _________________________________________________________________ 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-2010-00462 in Executive Session on 8 Jul 10, under the provisions of AFI 36-2603: The following documentary evidence for Docket Number BC-2010- 00462 was considered: Exhibit A. DD Form 149, dated 1 Feb 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 26 May 10.