RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04921 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded. _________________________________________________________________ APPLICANT CONTENDS THAT: His UOTHC discharge is unjust because it does not accurately reflect his character. Since his discharge, he has made remarkable changes from the person that he was at the time of his separation. He believes he would have been able to make these changes while in the military if he had not been separated. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 21 Jun 93, the applicant contracted his enlistment in the Regular Air Force. On 27 Sep 94, the applicant’s commander notified him that he was recommending his discharge from the Air Force for fraudulent entry. The specific reason for the discharge action was he provided false information on his enlistment documents pertaining to prior civilian illegal drug use. On 31 Oct 94, the applicant’s commander amended the notification letter to include the fact the applicant revealed that he willingly used methamphetamines in Apr 94 to the Air Force Office of Special Investigation (AFOSI). On 31 Oct 94, the case was found legally sufficient and referred to an administrative discharge board. On 11 Jan 95, an administrative discharge board convened and, after considering all the facts and circumstances of the applicant’s case, recommended the applicant be furnished a UOTHC discharge. On 28 Feb 95, the findings and recommendations of the administrative discharge board were found legally sufficient and, the discharge authority directed the applicant be furnished a UOTHC discharge. On 10 Mar 95, the applicant was furnished a UOTHC discharge and was credited with 1 year, 8 months, and 20 days of active service. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report which is attached at Exhibit C. A copy of the FBI Investigative Report and a request for post- service information was forwarded to the applicant on 3 Jul 12 (Exhibit D). In response, the applicant states he hid his pre- service drug use because he was afraid it would hinder his options for a career in the military. While on active duty he was in denial and thought he could control his drug use. After being discharged, his drug use continued. His drug use led him into repeated contact with law enforcement and multiple convictions. He offers no excuses for any of it. His criminal history reflected on the FBI report is directly attributable to his drug addiction. Although not all of the charges were drug related, each and every act was done because of the obsessive and compulsive nature of his addiction – his "need" to acquire more drugs. Finally, he reached out and received support from loved ones; and has been in recovery for over eight years. He has had steady employment with the same employer for almost seven years. He hopes that some understanding may be provided by this letter and that together with the letters that others have written and submitted on his behalf, the review board will see fit to take into account the changes he has made in his life and grant a clemency upgrade of his discharge. The applicant’s complete response, with attachments, is at 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, to include his rebuttal, 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 discharge authority’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. _________________________________________________________________ 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-2011-04921 in Executive Session on 7 Aug 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Sep 11, w/atch. Exhibit B. Applicant's Master Military Personnel Records. Exhibit C. FBI Investigative Report. Exhibit D. Letter, AFBCMR, dated 3 Jul 12, w/atch. Exhibit E. Letter, Applicant, dated 27 Jul 12, w/atchs.