RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04691 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to a General (Under Honorable Conditions). ________________________________________________________________ APPLICANT CONTENDS THAT: He was falsely accused by the Air Force Office of Special Investigation (AFOSI) for having and using illegal drugs. He was never given a drug test to validate usage of drugs. Even though he denied any use of illegal substances and was allowed to continue his professional business in the Air Force, he was turned over to Japanese authorities about two months later. The Japanese police treated him badly and he was subjected to physical abuse. He tried for a long time to tell them he did not have or use any drugs. They produced what they stated were drugs found in his room on base and continued the pressure until he decided to falsely confess that he used and possessed drugs. No drugs were found when he was first arrested in his room on base. As young as he was and scared for his life, what else could he do? In support of his request, the applicant provides a copy of his DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Air Force on 25 Mar 81. On 30 Sep 82, while stationed in Japan, the applicant’s commander notified him he was recommending he be discharged from the Air Force due to a civil court conviction. The court conviction was for illegal possession of approximately 12 grams of marijuana. In addition, he had previously received non- judicial punishment (Article 15 of the Uniform Code of Military Justice) on three occasions: 1) 11 May 82, for failure to go to his appointed place of duty; 2) 15 Jul 82, for wrongful possession of codeine and valium; 3) 20 Aug 82, for wrongful possession of codeine. On 12 Oct 82, the applicant acknowledged receipt of the action and elected to exercise his right to a hearing before an administrative discharge board. The administrative discharge board met on 5 Nov 82 and recommended the applicant be furnished a UOTHC discharge without probation or rehabilitation. On 17 Dec 82, the case was found legally sufficient. On 21 Dec 82, the discharge authority directed the applicant be furnished an UOTHC discharge without probation and rehabilitation. On 28 Jan 83, the applicant was furnished an UOTHC discharge for misconduct—civil court conviction and credited with one year, ten months, and four days of total active service. 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 5 Mar 11, a copy of the FBI Report and a request for post- service information were forwarded to the applicant for review and comment within 30 days. In response, the applicant provides an expanded statement, a statement from his mother, and copies of four letters of support (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 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 on the basis of clemency; however, we do not find the evidence presented is sufficient for us to recommend granting the relief sought on that basis at this time. Therefore, in the absence of evidence to the contrary, we conclude that no basis exists to grant the relief sought in this application. ________________________________________________________________ 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 the application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-04691 in Executive Session on 5 Jun 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Nov 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report. Exhibit D. Letter, AFBCMR, dated 5 Mar 12, w/atch. Exhibit E. Letter, Applicant, dated 5 May 12, w/atchs.