RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02950
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 31 MARCH 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (undesirable) discharge be
changed to general (under honorable conditions).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was for possession of an extremely small amount of marijuana.
This offense is now considered a minor misdemeanor in most states. Other
than this minor incident, he had a good record of service.
In support of his request, applicant provides a copy of his DD Form 214.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 July 1967, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) for a period of 4 years. He was progressively
promoted to the grade of airman first class (E-3), with a date of rank of 1
April 1968. He received two Airman Performance Reports closing 27 Jul 1968
and 19 January 1969, in which the overall evaluations were 8 and 6
respectively.
Between May 1968 and January 1969, the applicant was charged with
unauthorized use of marijuana.
On 16 December 1968, the applicant was charged with unauthorized possession
of marijuana.
On 18 February 1969, the applicant’s commander notified the applicant he
was recommending he be discharged from the Air Force for acts or patterns
of misconduct. The commander stated the reason for his action was because
of unauthorized use and possession of marijuana. The applicant was advised
of his rights and that a general discharge would be recommended. On
19 February 1969, after consulting counsel, the applicant offered a waiver
of his rights associated with an administrative discharge board contingent
upon his receipt of no less than an undesirable discharge. In a legal
review of the discharge case file, the staff judge advocate found it
legally sufficient and recommended he be discharged from the Air Force with
a general discharge. On 14 March 1969, the discharge authority directed
the applicant be discharged with an undesirable discharge. He was
discharged on 21 March 1969. He served 1 year, 7 months, and 24 days on
active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, WV, indicated that on the basis of the data furnished, they
were unable to locate an arrest record.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied. DPPRS states that based
upon the documentation in the file, the discharge was consistent with the
procedural and substantive requirements of the discharge regulation. DPPRS
further states that the applicant has not provided any new evidence or
identified any errors or injustices that occurred in the discharge
processing.
The DPPRS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was sent to the applicant on 20 October
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. After careful consideration of the
applicant’s request and the available evidence of record, we see no
evidence that would warrant an upgrade of his characterization of service.
Other than his own assertions, the applicant has provided no evidence which
would lead us to believe that the information in his discharge case file is
erroneous, that his substantial rights were violated, or that his
commanders abused their discretionary authority. Accordingly, his request
is not favorably considered.
_________________________________________________________________
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-2006-02950
in Executive Session on 28 November 2006, under the provisions of AFI 36-
2603:
Ms. Cathlynn B. Novel, Panel Chair
Mr. Don H. Kendrick, Member
Ms. Judith B. Oliva, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02950 was considered:
Exhibit A. DD Form 149, dated 29 Sep 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 6 Oct 06.
Exhibit D. Letter, SAF/MRBR, dated 20 Oct 06.
CATHLYNN B. NOVEL
Panel Chair
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