RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03938
INDEX CODE: 110.02
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 31 JUN 2007
________________________________________________________________
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APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable and his narrative reason for separation be changed.
________________________________________________________________
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APPLICANT CONTENDS THAT:
He believes these categorizations are unjust and he has changed
his life around.
Applicants complete submission is at Exhibit A.
________________________________________________________________
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STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman
basic on 13 November 1982, for a term of 4 years.
On 10 July 1987, the applicant's commander notified him that he
was recommending he be discharged from the Air Force for
commission of a serious offense.
The basis for the commanders recommendation was that on 26 June
1987, he received an Article 15 for wrongful use of marijuana as
a result of being positively identified for the drug THC
(marijuana), as evidenced by results for drug urinalysis
(Random) on 10 April 1987.
He acknowledged receipt of the notification of discharge, and
after consulting with counsel the applicant submitted statements
in his own behalf. The discharge case was reviewed by the base
legal office and found to be legally sufficient to support
discharge.
The discharge authority approved his separation and ordered a
general (under honorable conditions) discharge without P&R.
Applicant was separated on 17 July 1987, under the provisions
of AFR 39-10, Administrative Separation of Airmen for
(Misconduct-Drug Abuse) and received a general (under honorable
conditions) discharge. He served 4 years, 7 months and 25 days
on active duty.
On 4 April 1989, the applicant submitted an application to the
Air Force Discharge Review Board (AFDRB) requesting his
discharge be upgraded to honorable. The AFDRB considered all
the evidence of record and concluded that the discharge was
consistent with the procedural and substantive requirements of
the discharge regulation and was within the discretion of the
discharge authority and that the applicant was provided full
administrative due process. The board further concluded that
there exists no legal or equitable basis for upgrade of
discharge.
Pursuant to the Board's request, the Federal Bureau of
Investigation, Clarksburg, WV, indicated on 9 March 2006, that
on the basis of the data furnished they were unable to locate an
arrest record. (Exhibit E)
________________________________________________________________
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AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states based on the
documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The discharge was
within the discretion of the discharge authority, the applicant
did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing, nor did he
provide any facts warranting a change to his character of
service.
The DPPRS evaluation is at Exhibit C.
________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 20 Jan 06, for review and comment within 30 days.
As of this date, this office has received no response.
________________________________________________________________
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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 an error or injustice. After
careful consideration of the available evidence, we found no
indication that the actions taken to affect his discharge were
improper or contrary to the provisions of the governing
regulations in effect at the time, or that the actions taken
against the applicant were based on factors other than his own
misconduct. The only other basis upon which to upgrade his
discharge would be based on clemency. However, applicant has
failed to provide documentation pertaining to his post service
activities. Therefore, based on the available evidence of
record, we find no basis upon which to favorably consider 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 Docket Number BC-
2005-03938 in Executive Session on 19 April 2006, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Dec 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 13 Jan 06.
Exhibit D. Letter, SAF/MRBR, dated 20 Jan 06.
Exhibit E. FBI Report, dated 3 Mar 06.
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