RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03798 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His discharge was unjust due to intimidation by his commanding officer, staff judge advocate, and the attorney assigned to him. He was told he could face a dishonorable discharge and prison time in Leavenworth for one positive urine test. One isolated incident is all that was against him. He states he had reenlisted, had excellent reviews, and experienced no further problems at his assignment. During the next eight months, “they” continued to monitor him, finding nothing. He felt boxed in and was not going to agree to punishment for something he did not do. His decision has and will continue to affect his life. The applicant's complete submission is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 23 Mar 81 and served for a period of 5 years, 4 months and 23 days. The applicant received an Article 15, Record of Nonjudicial Punishment, on 20 May 82, for possession of marijuana. His punishment consisted of a suspended reduction in grade to airman, forfeiture of $100 per month for two months, restriction to the base for 45 days, and reprimand. On 11 Apr 86, court-martial charges were preferred against the applicant for his wrongful use of marijuana on or before 15 Jan 86. On 30 Jun 86, and after consulting counsel, he requested discharge in lieu of trial by court-martial under the provisions of AFR 39-10, Chapter 4. On 30 Jul 86, the staff judge advocate found the case legally sufficient and recommended his service be characterized as general. On 7 Aug 86, the discharge authority approved his request and directed discharge with a general discharge. He was discharged on 15 Aug 86. On 25 Aug 89, the Discharge Review Board denied his request for an upgrade of his discharge. Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI) provided a copy of an Investigative Report, 624362DC7, which is at Exhibit C. On 22 Jan 08, a copy of the FBI report was forwarded to the applicant for review and comment within 30 days. On 22 Jan 08, a request for information pertaining to his post- service activities was forwarded to the applicant for response within 30 days. ________________________________________________________________ _ APPLICANT'S REVIEW OF FBI REPORT: The applicant states it was raining hard and he lost control of his vehicle. On 8 Mar 05, he was found not guilty of driving under the influence; however, he did agree to reckless driving because he felt he did have that responsibility. In support of his request, the applicant provided a resume, character references, letters from Central Carolina Community College, a copy of a recognition award, and a copy of his emergency medical technician grade report. The applicant's complete response, with attachments, is at 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. After careful consideration of the available evidence, we find no impropriety in the characterization of applicant’s discharge. It appears that responsible officials applied appropriate standards in effecting the separation, and we do not find persuasive evidence that pertinent regulations were violated or that the applicant was not afforded all the rights to which entitled at the time of discharge. Although the applicant has provided some statements concerning post-service conduct and a letter of explanation regarding the driving charge referred to in the FBI report, the Board finds these statements insufficient to warrant an upgrade of his discharge on the basis of clemency. We conclude, therefore, that the discharge proceedings were proper and characterization of the discharge was appropriate to the existing circumstances. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ 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 Docket Number BC- 2007-03798 in Executive Session on 28 February 2008, under the provisions of AFI 36-2603: Mr. XXXXXXXXXXXX, Panel Chair Mr. XXXXXXXXXXXX, Member Ms. XXXXXXXXXXXX, Member The following documentary evidence was considered for Docket Number BC-2007-03798: Exhibit A. DD Form 149, dated 9 Nov 07. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigative Report. Exhibit D. Letter, AFBCMR, w/atchs, dated 22 Jan 08. Exhibit E. Letter, Applicant, w/atchs, not dated. XXXXXXXXXXXXXX Panel Chair