RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02026
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 10 JANUARY 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The indiscretion he was found culpable for was a simple offense of
paraphernalia. It has been over 20 years and he would like to see the
charge removed from his record and be given an honorable discharge
certificate.
The applicant submitted no supporting documents. His complete submission
is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 28 September 1978 in the
grade of airman basic. He was progressively promoted to the grade of
sergeant having assumed that grade effective and with a date of rank of 1
July 1982. His Airman Performance Reports reflect overall ratings of 8.
On 14 Oct 1983, he received an Article 15 for wrongful use of marijuana.
For this offense, he was reduced to the grade of airman first class and
forfeited $150.00. On 27 Oct 1983, he received notification of a positive
urine test for marijuana.
On 17 November 1983, applicant was notified by his commander of his intent
to recommend that he be discharged from the Air Force under the provisions
of AFR 39-10, paragraph 5-49c. The specific reason for this action was
commission of a Serious Offense (i.e. Drug Abuse). He was advised of his
rights in this matter and acknowledged receipt of the notification on that
same date. In a legal review of the case file, the staff judge advocate
found the case legally sufficient and recommended that he be discharged.
On 12 December 1983, the discharge authority concurred with the
recommendations and directed that he be discharged with a general
discharge, without probation and rehabilitation. Applicant was discharged
on 15 December 1983. He served 5 years, 1 month and 12 days on active
duty.
In response to the Board’s request, the FBI indicated they were unable to
identify with an arrest record pertaining to the applicant on the basis of
information furnished (Exhibit D).
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states that based on the
documentation on file in the applicant’s 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. Additionally, 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 an upgrade of his
discharge.
The complete DPPRS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the evaluation was forwarded to the applicant on 21 July 2006 for
review and comment. On 11 August 2006, he was invited to submit
information pertaining to post-service activities. To date, this office
has received no response to 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 error or injustice. After careful consideration of the
applicant’s request, we see no evidence that would warrant an upgrade of
his discharge to honorable. Other than his own assertions, the applicant
has provided no evidence that would lead us to believe the actions taken to
effect his discharge were improper, or that the information in his
discharge case file is erroneous. Therefore, 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 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-2006-
02026 in Executive Session on 20 September 2006, under the provisions of
AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 June 06.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPRS, dated 17 Jul 06.
Exhibit D. Letter, SAF/MRBR, dated 21 Jul 06.
MICHAEL J. NOVEL
Panel Chair
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