RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01364	

			COUNSEL:  NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions characterization of 
service be upgraded to Honorable.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He was entrapped into buying drugs for another Air Force member 
who worked for the Air Force office of special investigation 
(OSI).  He had allowed his girlfriend to use his car and, 
unknown to him, she smoked a joint in his car.  The member found 
it in his car and threatened to go to the First Sergeant if he 
did not get him an ounce of cocaine.  He (the applicant) was 
scared and told him he would see if a lady he knew could get the 
cocaine.  He was able to get 2 grams of cocaine.  He knew the 
member was an OSI informant so, before giving him the package, 
he made him snort some of the cocaine.  This was captured on 
camera.  He has never failed a drug test.  

In support of his request the applicant provides a handwritten 
personal statement.  

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

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STATEMENT OF FACTS:

1.  The applicant is a former member of the Regular Air Force 
who entered active duty on 28 May 1986.  He served as an 
Administrative Specialist and was progressively promoted to the 
grade of Senior Airman, (SrA), E-4, with a date of rank of 
28 September 1988.  

2.  On 30 January 1989, court-martial charges were preferred 
against the applicant for violation of the Uniform Code of 
Military Justice (UCMJ), Article 112a, wrongful use, possession, 
etc., of controlled substances.  On 7 February 1989, after 
consultation with legal counsel, the applicant submitted a 
letter of request for discharge under the provisions of AFM 39-
10, Separation Upon Expiration of Term of Service, for 
Convenience of Government, Minority, Dependency and Hardship, 
Chapter 4, in lieu of trial by court-martial.  In the letter, 
the applicant confirmed he understood the elements of the 
offenses as well as received copies of the documents pertaining 
to the offenses with which he was charged.  He further stated 
that he understood that if his request was approved he may be 
discharged under other than honorable conditions.  

3.  On 13 February 1989, the applicant’s commander recommended 
the request for discharge in lieu of trial by court-martial be 
approved and the applicant be furnished an under other than 
honorable conditions discharge.  Subsequent to the file being 
found legally sufficient, the discharge authority approved the 
request for discharge and directed the applicant be discharged 
with an under other than honorable conditions characterization 
of service.  The applicant was released from active duty on 
10 March 1989, and credited with 2 years, 9 months and 13 days 
of active duty service.  

On 7 November 2013, the applicant was given an opportunity to 
submit comments regarding his post service activities 
(Exhibit C).  To date, a response has not been received.  

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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.  Furthermore, we do 
not find clemency is appropriate in this case since the 
applicant has not provided any evidence concerning his post-
service activities.  Based on the foregoing, 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-2013-01364 in Executive Session on 12 December 2013, 
under the provisions of AFI 36-2603:

		, Panel Chair
     		, Member
		, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-01364 was considered:

    Exhibit A.  DD Form 149, dated 28 August 2011.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBC, dated 27 March 2012