RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00949 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: 1. His under other than honorable conditions (UOTHC) discharge be upgraded to honorable. 2. His reentry (RE) code of “2B” (Separated with a general or under other than honorable conditions (UOTHC) discharge) be changed to allow him to reenter the military. ___________________________________________________________________ APPLICANT CONTENDS THAT: He was under duress when he signed his discharge notification paperwork. He was not afforded the opportunity to consult counsel. The charges filed against him were false and the Office of Special Investigations (OSI) chose to believe a civilian who had a criminal record. He would like to join the United States Coast Guard and is presently pursuing a degree in organizational study. 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 9 Sep 80. The applicant was notified by his commander that he was recommending that he be discharged from the Air Force under the provisions of AFR 39-10, paragraph 5-50.1. The specific reasons for this action were for wrongfully using lysergic acid diethylamide (LSD) and for wrongfully using marijuana. He received an Article 15 with a reduction of rank to the grade of airman basic (E-1). The applicant consulted counsel and elected to waive his right to an administrative discharge board hearing and waived his right to submit matters on his own behalf. After a legal review of the case file, the staff judge advocate found the case legally sufficient. On 18 Oct 90, the applicant was discharged with a UOTHC discharge and an RE code of “2B.” He served 2 years, 1 month, and 4 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 4 Nov 10, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. On 4 Nov 10, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. 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 regarding the applicant’s request that his UOTHC discharge and RE code be changed. After careful consideration of the available evidence, we found no indication the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or the actions taken against the applicant were based on factors other than his own misconduct. Furthermore, because of the lack of documentation concerning his activities since leaving the service, we are not inclined to recommend upgrading his discharge based on clemency at this time. Therefore, in the absence of evidence to the contrary, we find no basis 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 AFBCMR Docket Number BC-2010-00949 in Executive Session on 14 Dec 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 4 Nov 10.