RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01268 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to a general (under honorable conditions) discharge. ________________________________________________________________ _ APPLICANT CONTENDS THAT: Since his discharge he has bettered himself and has become a working-class member of society. He would like to receive Veteran benefits. In support of his appeal, 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: The applicant is a former member of the Regular Air Force who entered active duty on 22 February 1995. On 7 February 1997, the applicant was notified of his commander’s intent to recommend him for a general (under honorable conditions) discharge for drug abuse and a pattern of misconduct under the authority of Air Force Instruction 36-3208, Section H, paragraphs 5.54 and 5.50.2 respectively. The commander cited the reasons for his recommendation was that on 17 April 1997, the applicant had been arrested by civilian authorities for firing at least five rounds from a 9 millimeter Browning handgun into a residential dwelling endangering the safety of three persons; on 30 August 1996, he falsely swore that he had not either used or possessed any illegal substances; on 29 August 1996, he failed to obey a lawful order to not consume alcohol beverages while under the age of 21 years of age; between 15 May and 31 May 1996, he wrongfully used marijuana; on 24 November 1995, he failed to obey a lawful order by wrongfully leaving the base and failing to remain in uniform during the hours of 0700 to 1900; on 6 November 1995, he wrongfully possessed stolen property of a value exceeding $100 belonging to another airman; and on 27 July 1995, he wrongfully had sexual intercourse with a female airman not his wife. As a result of the foregoing misconduct, the applicant received two Article 15 punishments and two referral Enlisted Performance Reports (EPRs). He received punishment consisting of reduction from the grade of airman (E-2) to the grade of airman basic (E- 1), forfeiture of $200 pay per month for two months, and 45 days base restriction. On 5 March 1997, the wing commander directed the commander’s recommendation for discharge be reinitiated and referred to an administrative discharge board for a determination whether a UOTHC service characterization may be warranted. On 11 March 1997, the applicant’s commander reinitiated the action recommending the applicant be separated with a UOTHC service characterization. The applicant acknowledged his commander’s recommendation and the basis thereof. On 12 March 1997, the applicant requested an administrative discharge board. On 21 April 1997, his commander amended his 11 March 1997 notification memorandum by adding an additional reason for discharge (the applicant’s civilian arrest for firing a handgun at a civilian residence). On 28 April 1997, the applicant’s defense counsel acknowledged receipt on his behalf since the applicant had been incarcerated by civilian authorities. On 29 April 1997, the applicant personally executed and submitted an unconditional waiver of his rights to an administrative discharge board. On 15 May 1997, the Assistant Staff Judge Advocate and Acting Staff Judge Advocate found the case to be legally sufficient. On 18 May 1997, the discharge authority accepted the applicant’s unconditional waiver and directed he be discharged with a UOTHC discharge for Conduct Prejudicial to Good Order and Discipline, and, Drug Abuse without an opportunity for probation or rehabilitation. The applicant was discharged from active duty in the grade of airman basic effective 2 June 1997 with a UOTHC discharge. His DD Form 214 reflects the narrative reason for discharge as “Misconduct.” He served 2 years, 1 month, and 25 days on active duty with lost time from 17 April 1997 to 2 June 1997 due to being incarcerated by civilian authorities. ________________________________________________________________ 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 based on clemency; however, we do not find the evidence presented is sufficient to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, the Board finds 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-2013-01268 in Executive Session on 12 December 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-01268: Exhibit A. DD Form 149, dated 8 Mar 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. 2 3 4