RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00933
INDEX CODE: 106.00
COUNSEL: None
HEARING DESIRED: Yes
MANDATORY CASE COMPLETION DATE: 19 Sep 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1985 general discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The night before going on temporary duty (TDY), he and a group of
others tried smoking marijuana. He had an argument with the First
Sergeant’s secretary, whom he was dating. She was responsible for
pulling the names for drug testing. The next day, he and an enlisted
member who helped him move out of her apartment the night of the party
were called for urine samples. This was the only time he smoked
marijuana and he never did drugs. This is the only bad mark on an
otherwise honorable life and he does not wish to carry it any longer.
The applicant provides character references from an employer, a local
sheriff, and a friend.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 Jan 81 for six
years and was sequentially promoted to the grade of senior airman
[sergeant] on 1 Mar 83. During the period in question, he was
assigned to the 1836 Engineering Installation Group at Lindsey AS,
Germany, as an electronics installation team member. His performance
reports are at Exhibit B.
On 24 Sep 85, the applicant was notified of his commander's intent to
impose nonjudicial punishment upon him for using marijuana on or about
29 Jul 85 [the applicant’s random urine sample tested positive for the
drug on that date, apparently while he was TDY at Offutt AFB]. On 27
Sep 85, after consulting with counsel, the applicant waived his right
to a trial by court-martial, requested a personal appearance but did
not submit a written presentation. On 27 Sep 85, his commander found
him guilty and imposed punishment in the form of reduction to the
grade of airman first class and forfeiture of $175.00 pay for one
month. The applicant did not appeal the punishment, and the Article
15 was filed in his Unfavorable Information File (UIF).
On 6 Nov 85, he was notified of his commander’s intent to recommend
separation with a general characterization for drug abuse. The
commander cited the positive urine sample and the Article 15. The
applicant acknowledged receipt.
On 6 Nov 85, the commander recommended the applicant be separated with
a general discharge for drug abuse. The letter indicated that the
applicant was denied the Air Force Good Conduct Medal (AFGCM) for the
periods of 14 Dec 82 through 20 Jun 83 and 20 Jun 83 through 11 Sep 85
[no further information is available]. The commander did not
recommend probation and rehabilitation (P&R), indicating the applicant
demonstrated an inability to accept, set, and maintain the standards
required of him as an NCO.
On 7 Nov 85, the area defense counsel (ADC) indicated he had counseled
the applicant as to his rights. The applicant indicated he did not
desire retention in the Air Force and would not submit statements in
his behalf.
Legal review [undated] found the case sufficient for separation and
recommended a general discharge without P&R. On 12 Dec 85, the
discharge authority directed the applicant’s general discharge for
drug abuse without P&R.
On 17 Dec 1985, the applicant was discharged with a general
characterization in the grade of airman first class for Misconduct-
Drug Abuse after 4 years, 10 months, and 18 days of active service.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Washington, D.C., indicated that, on the basis of the data furnished,
they were unable to locate an arrest record (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS concludes the discharge was consistent with the
procedural and substantive requirements of the discharge regulation
and was within the discretion of the discharge authority. The
applicant has provided no evidence warranting a change in his
discharge characterization.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 15 Apr 05 for review and comment within 30 days. As of
this date, this office has received no response.
On 3 May 05, the AFBCMR Staff invited the applicant to submit post-
service information.
The Scioto County Veterans Service Office in OH forwarded a letter
from the applicant containing his personnel statement regarding his
post-service activities. He attributes his mistakes in the military
to bad judgment. He asserts he has become a productive citizen, has
been employed by the Southern OH Correctional Facility Maximum
Security Prison from 1990 to present, and is a member of several
organizations.
A complete copy of the response, with attachments, is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant upgrading the
applicant’s discharge. After a thorough review of the evidence of
record, we see no evidence to show the applicant’s discharge was
erroneous or unjust. However, we recognize the adverse impact of the
discharge the applicant received and, while it may have been
appropriate at the time, we believe it would be an injustice for him
to continue to suffer its effects. In consideration of the applicant’s
apparent rehabilitation since his separation from the Air Force, his
character references, and the negative FBI report, we believe
corrective action is appropriate on the basis of clemency.
Accordingly, we recommend the applicant’s records be corrected as
indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to the APPLICANT be corrected to show that, on 17 December
1985, he was honorably discharged and furnished an Honorable Discharge
certificate.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 16 June 2005 under the provisions of AFI 36-2603:
Ms. Martha J. Evans, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Jay H. Jordan, Member
All members voted to correct the records, as recommended. The
following documentary evidence relating to AFBCMR Docket Number BC-
2005-00933 was considered:
Exhibit A. DD Form 149, dated 10 Mar 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report - Negative
Exhibit D. Letter, HQ AFPC/DPPRS, dated 8 Apr 05.
Exhibit E. Letter, SAF/MRBR, dated 15 Apr 05.
Exhibit F. Letter, AFBCMR, dated 3 May 05.
Exhibit G. Letter, OH Local VA, dated 18 May 05, w/atchs.
MARTHA J. EVANS
Panel Chair
AFBCMR BC-2005-00933
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 17 December
1985, he was honorably discharged and furnished an Honorable Discharge
certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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