RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04663 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC) discharge be upgraded to honorable or general (under honorable conditions). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He applied to receive Veteran benefits; however, was denied due to his characterization of service. 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 1 February 1978 and was progressively promoted to the grade of technical sergeant (E-6). On 30 September 1988, the applicant submitted a request for discharge in lieu of Court-Martial after he tested positive to a commander-directed urine sample which tested positive for use of cocaine. In his request, the applicant indicated that he understood if his request was approved that he may be discharged with a UOTHC discharge and that he may be deprived of Veteran benefits. On 7 October 1988, after considering the facts of the case, the applicant’s commander recommended his request be approved with a UOTHC discharge. After the Staff Judge Advocate found the case to be legally sufficient, the discharge authority approved the recommended discharge and directed the applicant be discharged with an UOTHC discharge due to the serious nature of his misconduct. The applicant was discharged from active duty in the grade of technical sergeant effective 28 October 1988 with a UOTHC discharge under the authority of Air Force Regulation 39-10. His DD Form 214 reflects the narrative reason for discharge as “Request for Discharge in Lieu of Trial by Court-Martial.” He served nine years, seven months, and ten days on active duty. ________________________________________________________________ _ 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, in the absence of any evidence related to the applicant’s post-service activities, there is no way for us to determine if the applicant’s accomplishments since leaving the service are sufficiently meritorious to overcome the misconduct for which he was discharged. 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-2013-04663 in Executive Session on 22 May 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-04663: Exhibit A. DD Form 149, dated 8 Mar 13, w/atchs. Exhibit B. Discharge Case File. Panel Chair