RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02851
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The discharge was based on one incident in 30 months of excellent
service. In addition, he recalls some good commendations being taken
out of his record.
Applicant did not provide any documents in support of the appeal.
Applicant's submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 7 June 1983 for a
period of four years. Prior to the events under review, he was
progressively promoted to the grade of airman first class (E-3),
effective and with a date of rank of 7 July 1984. He received two
Airman Performance Reports (APRs) closing 6 June 1984 and 6 June 1985,
in which the overall evaluations were “9” and “8.”
On 21 January 1986, the applicant’s commander notified him that he was
recommending a general discharge for misconduct, drug abuse. The
basis for the action was applicant confessed to using marijuana in New
York on or about 25 December 1985. As a result, he received an
Article 15 on 10 January 1986. Punishment consisted of reduction to
airman basic, forfeiture of $100 per month for two months and seven
days extra duty. He also received a letter of counseling on 16
October 1985, for improper inspection of seven vehicle tires; a Record
of Counseling on 13 July 1985, for being late to work as a result of
his off-duty job; on 14 March 1985, failure to inspect a defective
chart recorder; on 8 November 1984, an unsatisfactory room inspection;
on 4 June 1984, failure to attend a scheduled class; and a Letter of
Admonishment on 14 May 1985, for sleeping on duty. Applicant
confessed to using marijuana twice before entering the Air Force. He
consulted legal counsel and submitted a statement to his commander
requesting an honorable discharge. The base legal services reviewed
the case file and found it legally sufficient to support discharge.
Probation and rehabilitation (P&R) were not recommended. The
Discharge Authority concurred with the recommendations and ordered a
general discharge without P&R on 30 January 1986.
The applicant, while serving in the grade of airman basic, was
discharged from the Air Force on 3 February 1986 under the provisions
of AFR 39-10 (misconduct - drug abuse) with an under honorable
conditions (general) discharge. He served 2 years, 7 months and 27
days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated that, on the basis of the data furnished
they were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states that they believe the discharge was consistent with
the procedural and substantive requirements of the discharge
regulation. Additionally, the discharge was within the discretion of
the discharge authority. Therefore, they recommend denial of
applicant’s request.
A complete copy of the evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 September 2003, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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. Evidence has not been presented
that would lead us to believe that the applicant’s discharge was
erroneous or unjust. Absent evidence by the applicant showing that
his commanders abused their discretionary authority, the information
in the discharge case file was erroneous, his substantial rights were
violated or his service, when weighed against the misconduct that
resulted in his separation, warranted a better characterization than
the one he received, we have no basis on which to favorably consider
his request for a fully honorable discharge.
_________________________________________________________________
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 this application in
Executive Session on 19 November 2003, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Martha Maust, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 May 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 18 Sep 03.
Exhibit E. Letter, SAF/MRBR, dated 26 Sep 03.
THOMAS S. MARKIEWICZ
Chair
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