RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02909
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged with no opportunity to rectify the indiscretion. He
served his country with pride and was an upstanding airman with excellent
performance reports. Serving his country was the most fulfilling and
exciting experience of his life, also the most rewarding. He encouraged
his nephew to enlist and serve.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 February 1986, the applicant enlisted in the Regular Air Force at the
age of 18 in the grade of airman basic (E-1) for a period of four years.
He was progressively promoted to the grade of airman first class (E-3)
effective and with a date of rank of 18 June 1987. He received one airman
performance report with an overall evaluation of “9.”
On 27 January 1987, the applicant received a Letter of Reprimand for
leaving his appointed place of duty without authority.
On 10 November 1987, the applicant received an Article 15 for wrongful use
of marijuana. For this incident, he was reduced to the grade of airman
basic.
On 2 December 1987, the applicant’s commander notified the applicant that
she was recommending he be separated from the Air Force under the
provisions of AFR 39-10, Administrative Separation of Airmen (misconduct-
drug abuse). The applicant acknowledged receipt of the notification and,
after consulting military legal counsel, waived his right to submit
statements in his own behalf. The commander thereafter initiated a
recommendation for the applicant’s separation.
In a legal review of the discharge case file dated 7 December 1987, the
Combat Support Group Judge Advocate office found the file was legally
sufficient and recommended that the applicant be separated from the service
with an under honorable conditions (general) discharge. On 17 December
1987, the discharge authority approved the recommended separation and
directed the applicant be discharged for the reasons recommended by his
commander, without the offer of probation and rehabilitation.
On 18 December 1987, the applicant was discharged under honorable
conditions (general) under the provisions of AFR 39-10, (Misconduct-Drug
Abuse). He had served 1 year, 10 months, and 1 day on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an investigative report pertaining to the former member
(Identification Record No. 507884TA1) (Exhibit E).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ 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,
and the discharge was within the discretion of the discharge authority.
DPPRS notes the applicant did not submit any 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. DPPRS’
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant for
review and comment on 29 October 2004. On 9 November 2004, the applicant
was invited to submit information pertaining to his post-service
activities. On 17 November 2004, a copy of the FBI report was forwarded to
the applicant. To this date, no response has been received on any of the
aforementioned correspondence (Exhibit D).
_________________________________________________________________
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 probable error or injustice. After careful consideration of
the available evidence, we found no indication that the actions taken to
effect his discharge for Misconduct-Drug Abuse were improper or contrary to
the provisions of the governing regulations in effect at the time. In
addition, in view of the contents of the FBI Identification Record we are
not persuaded that the characterization of the applicant’s discharge
warrants an upgrade to honorable on the basis of clemency. Having found no
error or injustice with regard to the actions that occurred while the
applicant was a military member, we conclude that no basis exists to grant
favorable action on his request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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-2004-
01235 in Executive Session on 9 March 2005 under the provisions of AFI 37-
2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Ann-Cecile M. McDermott, Panel Member
Mr. Wallace F. Beard Jr., Panel Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 April 2004.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 27 Oct 2004.
Exhibit D. Letter, SAF/MRBR, dated 29 Oct 05;
Letters, AFBCMR, dated 9 Nov 04 & 17 Nov 04.
Exhibit E. FBI Report.
KATHLEEN F. GRAHAM
Panel Chair
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