RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01724 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: His under other than honorable conditions (UOTHC) upgraded to honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: His military counsel was not prepared to go to trial, so he took his advice to separate. He has suffered the effects of the UOTHC discharge for almost 24 years and was told that he could apply for an upgrade without a problem. In support of his appeal, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 11 Mar 88 discharge. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Prior to the events under review, the applicant had completed 11 years of service. On 26 Aug 87, the applicant was charged with; 1) one specification of use of cocaine in violation of Article 112a, Uniform Code of Military Justice (UCMJ); 2) two specifications, one for subordination of perjury and for obstructing justice, all in violation of Article 134, UCMJ. On 2 Mar 88, after consulting with counsel, the applicant submitted a request for discharge in lieu of court-martial. The staff judge advocate found the case file legally sufficient and recommended the applicant receive an UOTHC discharge. On 9 Mar 88, the Numbered Air Force commander directed the applicant be discharged with an UOTHC. On 11 Mar 88, the applicant was discharged with a reason for separation of request for discharge in lieu of trial by court- martial, with service characterized as UOTHC. He was credited with 11 years and 4 months of active duty service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report which is attached at Exhibit C. On 20 Nov 12, a copy of the FBI report was forwarded to the applicant for comment. At that time, he was also invited to provide additional evidence pertaining to his activities since leaving the service (Exhibit D). ________________________________________________________________ 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 during the discharge process. 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. We considered updating his discharge on the basis of clemency; however, based his overall record of service, the seriousness of the offenses which led to his administrative separation, and the FBI Report of Investigation, we are not persuaded that an upgrade of the characterization of his discharge is warranted on this 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 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-2012-01724 in Executive Session on 15 January 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 Feb 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Report of Investigation. Exhibit D. Letter, AFBCMR, dated 20 Nov 12, w/atchs. Panel Chair