RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02024
INDEX CODE: 110.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have a honorable discharge. He was told by the Air Force
that his discharge would be upgraded to honorable in six months.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 2 October 1984 for a
period of four (4) years as an airman first class.
On 23 September 1985, the applicant was notified of his commander’s
intent to initiate discharge action against him under the provisions
of AFR 39-10, paragraph 5-49c-Misconduct-Drug Abuse. The commander
recommended a general (under honorable conditions) discharge. The
reason for the discharge action was:
On 19 July 1985, at Rhein Mein AB, Germany, the applicant was
directed to submit to a urinalysis during a random unit sweep. On 6
August 1985, the applicant’s urinalysis tested positive for marijuana.
The commander advised the applicant of his right to consult legal
counsel and that military legal counsel had been obtained for him;
and to submit statements in his own behalf; or waive the above
rights after consulting with counsel.
On 9 October 1985, the applicant acknowledged receipt of the letter
of notification and invoked his right to submit statements on his
behalf.
The commander indicated in his recommendation for discharge that he
did not recommend probation and rehabilitation. He indicated the
applicant had been verbally counseled numerous times on Air Force
policy toward drug use prior to the incident.
A legal review was conducted on 28 October 1985, in which the staff
judge advocate recommended the applicant be discharged with a general
(under honorable conditions) discharge without probation and
rehabilitation.
On 1 November 1985, the discharge authority approved the discharge.
Applicant was discharged on 15 November 1985, in the grade of airman
with a general (under honorable conditions) discharge, in accordance
with AFR 39-10 (Misconduct - Drug Abuse). He served 1 year, 1
month and 14 days of active service.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Washington, D.C., provided an investigative report which is attached
at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states the applicant has not submitted any evidence nor
identified any errors or injustices that occurred in the processing of
his discharge. Based upon the documentation in the applicant's file,
they believe his discharge was consistent with the procedural and
substantive requirements of the discharge regulations of that time.
Also, the discharge was within the sound discretion of the discharge
authority. Therefore, based on the information and evidence provided
they recommend the applicant's request be denied.
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In support of his request to have his discharge upgraded the applicant
submitted character letters from his brother and employer (Exhibit H).
_________________________________________________________________
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 of timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After thoroughly reviewing the
evidence or record, we find no evidence to show that the applicant’s
discharge was erroneous or unjust. The applicant’s contention that he
was told his discharge would automatically be upgraded after 6 months
is duly noted. However, as noted by the Air Force office of primary
responsibility, there are no regulations or directives that allow an
automatic upgrade of a discharge. We have considered the character
references provided in support of the applicant’s request; however,
the FBI report shows that the applicant was arrested and charged with
several offenses since his separation from active duty. In view of
the foregoing, we are not persuaded that an upgrade on the basis of
clemency is warranted. Therefore, in the absence of evidence to the
contrary, we find no compelling 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-
2003-02024 in Executive Session on 23 September 2003, under the
provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. James W. Russell III, Member
Mr. Jay H. Jordan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jun 03.
Exhibit B. Master Personnel Records.
Exhibit C. FBI Report
Exhibit D. Letter, HQ AFPC/DPPRS, dated 11 Jul 03.
Exhibit E. Letter, SAF/MRBR, dated 18 Jul 03.
Exhibit F. Letter, AFBCMR, dated 13 Aug 03, w/atch.
Exhibit G. Letter, AFBCMR, dated 27 Aug 03, w/atch.
Exhibit H. Character/Reference Letters, dated 4 & 5 Sep 03.
JOHN L. ROBUCK
Panel Chair
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