RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02580
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 23 FEB 09
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The accusation was based on an unjust urinalysis which followed him
receiving a Good Conduct Medal (GCM).
He would like the Board to consider his request for an upgrade based
on his achievements in civilian life.
In support of his appeal, the applicant provided a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty, and
documents pertaining to his post-service accomplishments.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 11 Dec 80, as an
airman basic for a period of four years.
On 11 Sep 84, the applicant’s commander notified him that he was
recommending him for discharge from the Air Force (AF) for misconduct.
The specific reasons for the discharge action were:
a. On 18 Mar 82, the applicant received a Letter of Reprimand
(LOR) for being drunk in public, evidenced by a civilian court
conviction on 14 Mar 82.
b. On 6 Jun 84, the applicant received an LOR for being drunk
in public, as evidenced by a civilian court conviction on 3 Jun 84.
c. On 6 Sep 84, the applicant received an LOR for wrongfully
and knowingly using marijuana, as evidenced by a positive urinalysis
on 4 Jun 84.
The commander advised the applicant of his rights in this matter.
On 13 Sep 84, the applicant acknowledged receipt of the notification
and after consulting with legal counsel, waived his right to submit a
statement in his own behalf.
On 21 Sep 84, the staff judge advocate reviewed the applicant’s case
and found it legally sufficient to support separation and recommended
he be separated with a general discharge.
On 1 Oct 84, the discharge authority directed the applicant be
discharged with a general discharge.
The applicant was discharged on 2 Oct 1984. He served 3 years,
9 months and 22 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation
provided an investigative report which is attached at Exhibit C. On
14 Sep 07, the Board staff forwarded the applicant a copy of his FBI
report for review and comment within 30 days. As of this date, no
response has been received by this office (Exhibit E).
On 12 Sep 07, the Board staff requested the applicant provide
additional documentation concerning his activities since leaving
military service. The applicant did not respond (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 an error or an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we find no evidence of an error or injustice that occurred in
the discharge processing. Based on the available evidence of record,
it appears the discharge was consistent with the substantive
requirements of the discharge regulation and within the commander’s
discretionary authority. The applicant has provided no evidence which
would lead us to believe the characterization of the service was
contrary to the provisions of the governing regulation, unduly harsh,
or disproportionate to the offenses committed. 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-
2007-02580 in Executive Session on 30 Oct 07 under the provisions of
AFI 36-2603:
Mr. Jay H. Jordan, Panel Chair
Mr. Garry G. Sauner, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Aug 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 12 Sep 07.
Exhibit E. Letter, AFBCMR, dated 14 Sep 07.
JAY H. JORDAN
Panel Chair
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