RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01026
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 OCTOBER 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was unfairly discharged for misconduct (drug abuse), he was included
in a statement made by another member of the military for allegedly
seeing him doing drugs. He was refused a drug test to prove his
innocence and was not allowed to make a statement on his behalf.
In support of the application, the applicant submits his DD Form 214.
The applicant's complete submission, with an attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force (AF) on 17 December 1981 for a
period of four years.
On 6 May 1985, the applicant was notified of his commander’s intent to
recommend him for discharge from the Air Force under the provisions of
Air Force Regulation (AFR) 39-10, Enlisted Personnel, Administrative
Separation of Airmen, paragraph 5-49(c) for drug abuse. The specific
reason for the discharge action was.
On 27 March 1985, the applicant received an Article 15 for wrongful
use of marijuana on or about 30 October 1984. For this misconduct the
applicant was reduced in rank to airman first class (A1C), forfeiture of
$200.00 a month for two months and restriction to the base for 60 days.
The commander advised the applicant of his right to consult legal counsel
and that military legal counsel had been obtained for him; submit
statements in his own behalf; and that failure to consult counsel or to
submit statements would constitute a waiver of his right to do so.
On 7 May 1985, the applicant acknowledged receipt of the notification of
discharge and after consulting with legal counsel invoked his right to
submit statements in his own behalf.
On 13 May 1985, a legal review was conducted in which the staff judge
advocate recommended the applicant receive a general discharge without
probation and rehabilitation.
On 6 June 1985, the discharge authority approved the separation and
directed that the applicant be discharged with a general discharge
without probation and rehabilitation.
The applicant was discharged on 10 June 1985 in the grade of A1C under
the provisions of AFR 39-10. He had 3 years, 5 months and 24 days of
military service.
The applicant appealed to the Air Force Discharge Review Board (AFDRB) to
have his under honorable conditions (general) discharge upgraded to
honorable. The AFDRB, on 17 June 1986, denied the applicant’s request
for an upgrade of his discharge.
Pursuant to the Board’s request, the FBI provided a copy of an
Investigation Report pertaining to the applicant (Exhibit C).
___________________________________________________________________
AIR FORCE EVALUATION:
None. The applicant has not shown the characterization of his discharge
was contrary to the provisions of AFR 39-10, Enlisted Personnel,
Administrative Separation of Airmen, paragraph 5-49(c) (Exhibit D). Nor
has the applicant shown the nature of the discharge was unduly harsh or
disproportionate to the offenses committed. Notwithstanding the absence
of error or injustice, the Board has the prerogative to grant relief on
the basis of clemency if so inclined.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the FBI Investigation was forwarded to the applicant on 21 May
2007 for review and comment within 30 days. As of this date, this office
has received no response (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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force and adopt its
rationale as the basis for our decision that the applicant has failed to
sustain his burden of proof that he has suffered either an error or an
injustice. Based on the documentation in the applicant's records, it
appears that the processing of the discharge and the characterization of
his service were appropriate and accomplished in accordance with Air Force
policy. Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in 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 AFBCMR Docket Number BC-2007-
01026 in Executive Session on 8 August 2007 under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Clarence R. Anderegg, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2007-01026 was considered:
Exhibit A. DD Form 149, dated 29 Mar 07, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Excerpt from AFR 39-10
Exhibit E. Letter, AFBCMR, dated 21 May 07.
JAMES W. RUSSELL III
Panel Chair
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