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AF | BCMR | CY2007 | BC 2007 03798
Original file (BC 2007 03798.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-03798
		INDEX CODE:  110.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________
_

APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be upgraded 
to honorable.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

His discharge was unjust due to intimidation by his commanding 
officer, staff judge advocate, and the attorney assigned to him.

He was told he could face a dishonorable discharge and prison 
time in Leavenworth for one positive urine test.  One isolated 
incident is all that was against him.

He states he had reenlisted, had excellent reviews, and 
experienced no further problems at his assignment.  During the 
next eight months, “they” continued to monitor him, finding 
nothing.

He felt boxed in and was not going to agree to punishment for 
something he did not do.  His decision has and will continue to 
affect his life. 
 
The applicant's complete submission is at Exhibit A.

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 23 Mar 81 and 
served for a period of 5 years, 4 months and 23 days.  

The applicant received an Article 15, Record of Nonjudicial 
Punishment, on 20 May 82, for possession of marijuana.  His 
punishment consisted of a suspended reduction in grade to 
airman, forfeiture of $100 per month for two months, restriction 
to the base for 45 days, and reprimand.

On 11 Apr 86, court-martial charges were preferred against the 
applicant for his wrongful use of marijuana on or before 15 Jan 
86.

On 30 Jun 86, and after consulting counsel, he requested 
discharge in lieu of trial by court-martial under the provisions 
of AFR 39-10, Chapter 4.

On 30 Jul 86, the staff judge advocate found the case legally 
sufficient and recommended his service be characterized as 
general.

On 7 Aug 86, the discharge authority approved his request and 
directed discharge with a general discharge.  He was discharged 
on 15 Aug 86. 

On 25 Aug 89, the Discharge Review Board denied his request for 
an upgrade of his discharge.  

Pursuant to the Board’s request, the Federal Bureau of 
Investigation (FBI) provided a copy of an Investigative Report, 
624362DC7, which is at Exhibit C.  On 22 Jan 08, a copy of the 
FBI report was forwarded to the applicant for review and comment 
within 30 days.  

On 22 Jan 08, a request for information pertaining to his post-
service activities was forwarded to the applicant for response 
within 30 days.  

________________________________________________________________
_

APPLICANT'S REVIEW OF FBI REPORT:

The applicant states it was raining hard and he lost control of 
his vehicle.  On 8 Mar 05, he was found not guilty of driving 
under the influence; however, he did agree to reckless driving 
because he felt he did have that responsibility.  In support of 
his request, the applicant provided a resume, character 
references, letters from Central Carolina Community College, a 
copy of a recognition award, and a copy of his emergency medical 
technician grade report.

The applicant's complete response, with attachments, is at 
Exhibit E.

________________________________________________________________
_

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 available evidence, we find no impropriety 
in the characterization of applicant’s discharge.  It appears 
that responsible officials applied appropriate standards in 
effecting the separation, and we do not find persuasive evidence 
that pertinent regulations were violated or that the applicant 
was not afforded all the rights to which entitled at the time of 
discharge.  Although the applicant has provided some statements 
concerning post-service conduct and a letter of explanation 
regarding the driving charge referred to in the FBI report, the 
Board finds these statements insufficient to warrant an upgrade 
of his discharge on the basis of clemency.  We conclude, 
therefore, that the discharge proceedings were proper and 
characterization of the discharge was appropriate to the 
existing circumstances.  Therefore, in the absence of evidence 
to the contrary, we find no compelling basis to recommend 
granting the relief sought in this application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing 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-
2007-03798 in Executive Session on 28 February 2008, under the 
provisions of AFI 36-2603:

	Mr. XXXXXXXXXXXX, Panel Chair
	Mr. XXXXXXXXXXXX, Member
	Ms. XXXXXXXXXXXX, Member

The following documentary evidence was considered for Docket 
Number BC-2007-03798:

    Exhibit A.  DD Form 149, dated 9 Nov 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  FBI Investigative Report.
    Exhibit D.  Letter, AFBCMR, w/atchs, dated 22 Jan 08.
    Exhibit E.  Letter, Applicant, w/atchs, not dated.



                                   XXXXXXXXXXXXXX
                                   Panel Chair
                


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