RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00689 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded. ________________________________________________________________ APPLICANT CONTENDS THAT: His discharge was inequitable. He was not in a good mental state because of a drug abuse problem and all of the long hours he worked to fight and support the Central American war. In support of his request, the applicant provides copies of his DD Forms 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 10 Jul 81 as an airman basic (E-1) for a period of four years and was progressively promoted to the grade of airman first class (E-3), effective and with a date of rank of 13 Aug 82. On 14 Feb 83, the applicant’s commander preferred court-martial charges against him for violating Article 128 of the Uniform Code of Military Justice (UCMJ) for assaulting a fellow airman by stabbing him with a knife. The applicant subsequently requested administrative discharge in lieu of trial by court- martial. The case was found legally sufficient and the discharge authority directed the applicant’s UOTHC discharge on 2 Mar 83. On 14 Mar 83, the applicant was furnished a UOTHC discharge and credited with one year, eight months, and five days of total active service. On 2 Aug 84, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for an upgrade of his discharge, concluding the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and he was provided full administrative due process. 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 of Investigation and a request for post-service information was forwarded to the applicant on 13 May 10. In response, the applicant provides a statement describing his activities since his discharge as well as two letters in support of his request (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 an 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. Based on the available evidence of record, it appears the applicant’s UOTHC discharge in lieu of trial by court-martial was consistent with the substantive requirements of the discharge regulation and within the commander’s discretionary authority. Other than his own assertions, he has provided no evidence which would lead us to believe otherwise. We considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient to convince us to recommend granting the relief sought on that basis. In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists for us to recommend an upgrade to the applicant’s UOTHC discharge. ________________________________________________________________ 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 AFBCMR Docket Number BC-2010-00689 in Executive Session on 14 Sep 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 15 Feb 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 13 May 10, w/atch. Exhibit E. Letter, Applicant, dated 20 May 10, w/atchs.