RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03080
INDEX CODE: A67.70
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His court-martial conviction was overturned on appeal. He wanted to
remain in the Air Force; however, he was pressured by his superiors to
voluntarily resign under the threat of a dishonorable discharge.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s available military personnel records indicate that on 19
Oct 83, the applicant was convicted by a general court-martial of
wrongful use and possession of marijuana. His conviction was based
partially on his written confession, in which he admitted smoking
marijuana. The Air Force Court of Military Review found that a search
of his off-base residence was improper and, on 11 Sep 84, overturned
the conviction and dismissed the charges.
On 19 Dec 84, discharge action was initiated against the applicant for
drug abuse.
On 16 Jan 85, the applicant tendered his resignation from all
appointments in the Air Force.
On 11 Feb 85, the Commander, 22d Air Refueling Wing recommended his
resignation be approved, and that he be discharged with a general
discharge (under honorable conditions).
On 21 Feb 85, the office of the Staff Judge Advocate found the
discharge case file to be legally sufficient and recommended the
applicant’s resignation be approved.
On 26 Feb 85, the Commander, 12th Air Division, concurred with the
wing commander’s recommendation that the applicant’s resignation be
approved and he be given a general discharge.
On 27 Feb 85, the Commander, 15th Air Force, recommended the
applicant’s resignation be approved and he be given a general
discharge.
On 13 Mar 85, the Vice Commander, Strategic Air Command, recommended
the application for separation be approved and that the applicant be
given a general discharge.
On 5 Apr 85, the Secretary of the Air Force accepted the applicant’s
resignation and directed he be discharged under honorable conditions.
On 25 Apr 85, the applicant was discharged under the provisions of AFR
36-12 (Voluntary Resignation: Unfit, Unacceptable Conduct), with his
service characterized as under honorable conditions (general). He was
credited with three years, two months, and four days of active
service.
The Federal Bureau of Investigation, Clarksburg, West Virginia,
indicated that, on the basis of data furnished, they are unable to
locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial indicating that based on the
documentation in the applicant’s records, the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation, and was within the discretion of the discharge authority.
In their view, the applicant did not submit any evidence or identify
any errors or injustices that occurred in the discharge processing,
and he provided no facts warranting a change to his character of
service.
A complete copy of the AFPC/DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 29
Oct 04 for review and response. As of this date, no response has been
received by this office (Exhibit E).
By letter, dated 16 Dec 04, the applicant provided a response to the
Board’s staff request for documentation pertaining to his activities
since leaving the service, which is attached at Exhibit G.
_________________________________________________________________
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. The evidence of record indicates
that discharge action was initiated against the applicant for drug
abuse, who eventually submitted his voluntary resignation. His
resignation was accepted and he was given a general discharge (under
honorable conditions) for unfit, unacceptable, conduct. The majority
of the Board finds no evidence which would lead them to believe the
applicant’s general discharge was improper or contrary to the
governing regulation. In view of the above, the majority of the Board
concludes that no basis exists to recommend favorable action on the
applicant’s request that his general discharge be upgraded to
honorable.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the panel finds insufficient evidence of error or
injustice and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 25 Jan 05, under the provisions of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Ms. Renee M. Collier, Member
Mr. Patrick C. Daugherty, Member
By a majority vote, the Board voted to deny the application.
Mr. Daugherty voted to grant the appeal but did not desire to submit a
minority report. The following documentary evidence pertaining to
AFBCMR Docket Number BC-2004-03080 was considered:
Exhibit A. DD Form 149, dated 28 Sep 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 22 Oct 04.
Exhibit E. Letter, SAF/MRBR, dated 29 Oct 04.
Exhibit F. Letter, AFBCMR, dated 6 Dec 04.
Exhibit G. Letter, applicant, dated 16 Dec 04.
RENEE M. COLLIER
Acting Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
FROM: SAF/MRB
SUBJECT: AFBCMR Application of
I have carefully considered the rationale of the Board majority;
however, I agree with the minority member that the applicant’s request that
his general (under honorable conditions) discharge be upgraded to honorable
should be favorably considered.
The evidence of record indicates that discharge action for drug abuse
was initiated against the applicant, who eventually submitted his voluntary
resignation. His resignation was accepted and he was subsequently
discharged with his service characterized as under honorable conditions. I
agree with the Board majority that no evidence has been presented which
shows his discharge was improper or contrary to the directive under which
it was effected. However, I do note the applicant was discharged in 1985.
Since that time, it appears he has made a successful transition to civilian
life. In view of this, I believe the continued stigma of the general
discharge for the offenses he is alleged to have committed no longer serves
any useful purpose. Therefore, I am persuaded that upgrading the
applicant’s discharge to honorable, based on clemency, would be appropriate
in this case. Accordingly, I direct the applicant’s general discharge be
upgraded to honorable.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR BC-2004-03080
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that on 25 Apr 85, he was
honorably discharged and furnished an Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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