RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03782
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 16 JUN 08
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He desires his discharge upgraded. He states his record was impeccable
with high performance reports and decorations.
In support of his request, the applicant provided documentation extracted
from his military personnel record.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant with 13 years, 2 months, and 8 days of active service, served as
a telecommunications operator technician. On 18 April 1985, 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
(Misconduct – Drug Abuse). The specific reason for this action was his
wrongful use of marijuana on or about 1 February 1985 as evidenced by a
positive urinalysis pursuant to an inspection, resulting in an Article 15.
He was advised of his rights in this matter and acknowledged receipt of the
notification on that same date. The applicant waived his right to a
hearing before an administrative discharge board and elected to submit
statements on his own behalf. On 29 May 1985, the applicant submitted an
unconditional waiver. He requested that he receive a general discharge.
In a legal review of the case file, the acting staff judge advocate found
the case legally sufficient and recommended the unconditional waiver be
accepted and that he be discharged with a general discharge without
probation and rehabilitation. On 21 June 1985, the discharge authority
concurred with the recommendations and directed that he be discharged with
a general discharge. Applicant was discharged on 26 June 1985.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, provided an arrest record which is at 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. Applicant
did not submit any evidence or identify any errors or injustices that
occurred in the discharge processing. He provided no facts warranting a
change to his under honorable conditions (general) discharge.
The DPPRS complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states during the discharge
processing he was informed by counsel that if he did not accept the
reduction in grade and the general discharge that he could have received a
more severe punishment by the discharge board. He feels that this was
coercion. It has been 20 years since his discharge and he is seeking a
position as a probation officer and desires his discharge upgraded.
Applicant’s complete response, with attachments, is at Exhibit F.
On 1 February 2007, a copy of the FBI Report of Investigation was forwarded
to the applicant for review and response within 14 days (Exhibit G). As of
this date, no response has been received by this office.
_________________________________________________________________
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 an error or injustice. We believe responsible officials
applied appropriate standards in effecting his separation, and 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. It appears the discharge proceedings were proper and
characterization of the discharge was appropriate to the existing
circumstances. Although the applicant did not specifically request
consideration based on clemency, we find insufficient evidence to warrant a
recommendation that the characterization of the applicant’s discharge be
upgraded on that basis. In this respect, we note the applicant’s apparent
misconduct following his discharge, as indicated on the FBI report.
Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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-
03782 in Executive Session on 28 February 2007, under the provisions of AFI
36-2603:
Mr. Jay H. Jordan, Panel Chair
Mr. James A. Wolffe, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Dec 06, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation.
Exhibit D. Letter, AFPC/DPPRS, dated 20 Dec 06
Exhibit E. Letter, SAF/MRBR, dated 5 Jan 07.
Exhibit F. Letter, Applicant, undated.
Exhibit G. Letter, SAF/MRBC, dated 1 Feb 07.
JAY H. JORDAN
Panel Chair
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