ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1998-03335
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on 26 May 1999.
For an accounting of the facts and circumstances surrounding the
applicant’s appeal, and, the rationale of the earlier decision by the
Board, see the Record of Proceedings at Exhibit E.
In a DD Form 293, Application For The Review Of Discharge From The Armed
Forces Of The United States, dated 16 September 2007, the applicant
requests reconsideration. He states that he is a person who has made a
mistake that is not reflective of his conduct. He strives everyday to
better himself and help to promote the well being of others. He is a case
manager for the chronically mentally ill. His main objective for
addressing this issue is to be able to put what happened behind him and to
fully move on with his life both professionally and personally. He
received a Bachelor's degree in Business Management and in October 2006, he
received a degree in Health Care Management. He has worked in the health
care industry for the last ten years. The applicant’s complete submission,
with attachments, is at Exhibit F.
The applicant's military personnel records were unavailable. The
documentation provided by the applicant reflects he enlisted in the Air
Force Reserve on 4 January 1994.
On 3 March 1996, the applicant was notified by his commander of his intent
to recommend that he be discharged from the Air Force Reserve under the
provisions of AFI 36-3209, chapter 3, paragraphs 3.21 and 3.21.3.2. The
specific reason for this action was a message confirming his positive test
for the presence of a drug (marijuana) in a urinalysis test that he
consented to on 3 February 1996 after being advised that he was suspected
of possession of a controlled substance/marijuana (Article #112A, UCMJ).
He was advised of his rights in this matter and acknowledged receipt of the
notification on that same date.
The applicant was discharged on 21 May 1997. He served 3 years, 4 months
and 18 days on active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, indicated that they were unable to identify an
arrest record on the basis of the information furnished (Exhibit G).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After reconsideration of the applicant’s appeal and the additional
documentation provided, the majority of the Board believes it is likely
that the applicant has overcome the behavioral traits which led to the
discharge action and that he has led a stable and productive life since the
separation. The majority of the Board recognizes the adverse impact of the
discharge the applicant received; and, while it may have been appropriate
at the time, believes it would be an injustice for him to continue to
suffer its effects. Accordingly, the majority of the Board finds that
corrective action is appropriate on the basis of clemency and recommends
the records be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that on 21 May 1997, he was honorably
discharged and furnished an Honorable Discharge certificate.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-1998-
03335 in Executive Session on 16 July 2008, under the provisions of AFI 36-
2603:
Mr. Jay H. Jordan, Panel Chair
Mr. Steven A. Cantrell, Member
Mr. Kurt R. LaFrance, Member
By a majority vote, the Board voted to correct the records, as recommended.
Mr. LaFrance voted to deny the applicant’s request but does not desire to
submit a minority report. The following documentary evidence was
considered:
Exhibit E. Record of Proceedings, dated 28 May 1999, w/Exhibits.
Exhibit F. DD Form 293, dated 16 September 2007, w/atchs.
Exhibit G. FBI Negative Reply, dated 12 June 2008.
JAY H. JORDAN
Panel Chair
AFBCMR BC-1998-03335
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXX, be corrected to show that on 21 May 1997, he was honorably
discharged and furnished an Honorable Discharge certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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