RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02466
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 FEB 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge and the narrative reason for separation be
changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and immature and now would like to continue his career
with the postal service.
In support of his application the applicant provided a copy of DD Form
214, Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
3 June 1975, for a term of 4 years. On 7 October 1983, the
applicant's commander notified him that he was recommending he be
discharged from the Air Force for misconduct-drug abuse. The
commander recommended he receive a general (under honorable
conditions) discharge. The basis for the commander’s recommendation
was that on 12 September 1983, he received an Article 15 for wrongful
use of marijuana. He acknowledged receipt of the notification of
discharge, and after consulting with counsel he offered a conditional
waiver of his rights associated with an administrative discharge board
hearing, contingent upon receipt of no less than a general discharge.
The discharge case was reviewed by the base legal office and found to
be legally sufficient to support discharge and recommended his
conditional waiver be accepted and he be discharged with a general
(under honorable conditions) discharge without probation and
rehabilitation (P&R). The discharge authority accepted the
applicant’s conditional waiver and directed he be discharged with a
general (under honorable conditions) discharge without P&R. Applicant
was separated on 28 October 1983, 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
8 years, 4 months and 26 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 11 April 2003, that, on the basis of data
furnished, they are unable to locate an arrest record. (Exhibit C)
_________________________________________________________________
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 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 or narrative reason for separation.
The DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 8
Sep 2006, for review and comment 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. The discharge appears to be in
compliance with the governing regulation, and we find no evidence to
indicate his separation from the Air Force was inappropriate. We find
no evidence of error in this case and after thoroughly reviewing the
evidence of record, we do not believe he has suffered from an
injustice. The only other basis upon which to upgrade his discharge
would be clemency. However, applicant has failed to provide
documentation pertaining to his post service activities. Should he
provide documentary evidence pertaining to his post service
activities, we would be willing to reconsider his application.
Therefore, based on the 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-2006-
02466 in Executive Session on 30 November 2006, under the provisions
of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Leloy W. Cottrell, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Aug 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Response, dated 14 Nov 06.
Exhibit D. Letter, AFPC/DPPRS, dated 30 Aug 06.
Exhibit E. Letter, SAF/MRBR, dated 8 Sep 06.
WAYNE R. GRACIE
Panel Chair
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