RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04743 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded to general. ________________________________________________________________ APPLICANT CONTENDS THAT: He was 19 years old when he entered the Air Force. It has been over 30 years since his discharge and he has always tried to do the right thing and treat others with respect. He served in the Air Force to the best of his ability and had a good service record. He regrets getting involved in off base drug sales which resulted in his discharge. He is no longer involved in drug sales. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 31 Mar 1977, the applicant enlisted in the Regular Air Force for a period of four years. According to the applicant’s AF Form 2098, Duty Status Change, on 25 Jul 1979, he was incarcerated in the North Carolina Department of Corrections (youthful offender facility) for a period of three years due to a felony conviction. On 1 Oct 1979, he was separated from the Air Force with a UOTHC discharge. His narrative reason for separation was “MISCONDUCT- Civil Court Disposition – Board.” He served two years and six months of total active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report. (Exhibit C). On 17 Jan 2013, a copy of the FBI Report was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ 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. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented 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 in this application. ________________________________________________________________ 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 this application in Executive Session on 26 Feb 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2011-04743: Exhibit A. DD Form 149, dated 28 Nov 2011. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report, dated 7 Mar 2012. Exhibit D. Letter, AFBCMR, dated 17 Jan 2013.