RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01366 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) discharge be upgraded. _________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for missing 4 hours of Airman Leadership School (ALS) and accused of providing marijuana to another member of the service. The accusations could not be proved; however, he admitted to missing school and received an Article 15 for his actions. He believes his discharge was based on the Article 15 he received. He is truly sorry for missing time in school; however, he still stands by his assertion that he did not have any part in the marijuana charge. His discharge certificate does not reflect his schools or ribbons. He wishes he had fought to stay in the military, but he did not have an attorney to represent him. He is unemployed and does not have health insurance; he is in need of medical care from the Department of Veterans Affairs (DVA) for some problems that occurred while serving in the military. In support of his appeal, the applicant provides his DD Form 214, Certificate of Discharge or Release from Active Duty. Applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force 4 May 77. His commander directed he be discharged from the Air Force and furnished with an UOTHC discharge under the provisions of AFM 39- 12, Chapter 2, Section F, paragraph 2-78. The specific reasons for this action were for wrongfully possessing, selling, transferring, and introducing some quantity of marijuana. The applicant submitted a request to be issued a general discharge instead of a UOTHC discharge; however, the discharge authority denied his request and issued him a UOTHC discharge certificate. After a legal review of the case, the staff judge advocate found the case legally sufficient. He received an UOTHC discharge on 21 May 82 after serving 5 years and 18 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 on 8 Jul 10 for review and comment within 30 days. As of this date, no response has been received by this office. A request for information pertaining to his post-service activities was forwarded to the applicant on 8 Jul 10 for response within 30 days. _________________________________________________________________ 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. 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. In addition, in view of the contents of the FBI Identification Record we are not persuaded that the characterization of the applicant’s discharge warrants an upgrade on the basis of clemency. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on his request. _________________________________________________________________ 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 this application in Executive Session on 10 Aug 10, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Mar 10, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 8 Jul 10. Panel Chair