RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02038
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed that his discharge would be automatically upgraded to
honorable after six months. He is asking that his discharge be upgraded to
honorable so that he may have the privilege to be able to pursue a college
degree.
In support of his request, the applicant submits a DD Form 293, Application
for the Review of Discharge from the Armed Forces of the United States.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Air Force on 5 August 1982 for a period of six
years as a security police specialist.
On 7 July 1986, he was notified by his commander that he was recommending
he be discharged from the Air Force under the provisions of AFR 39-10,
Administrative Separation of Airman for a commission of a serious offense,
drug abuse. The specific reason for this action was on 25 April 1986, he
received an Article 15 for failure to go and wrongful use of marijuana. He
was advised of his rights in this matter. He acknowledged receipt of the
notification, consulted counsel, and elected not to submit statements on
his own behalf. On 7 July 1986, a legal review found his case legally
sufficient and recommended a general discharge. On 9 Jul 1986, he was
discharged from the Air Force for misconduct in the grade of airman first
class. He served 3 years, 11 months and 5 days on active duty.
In response to the Board's request, the Federal Bureau of Investigations
(FBI) provided a copy of an investigative report pertaining to the
applicant. A copy of the FBI report was forwarded to the applicant on 17
October 2007 for review and response within 30 days (See Exhibit D). He has
not responded.
On 17 October 2007, a request for post-service information was forwarded to
the applicant for response within 30 days. He has not responded.
_________________________________________________________________
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 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. We considered upgrading the discharge based on clemency;
however, we do not find the evidence presented is sufficient to compel us
to recommend granting the relief sought on that basis. Therefore, in the
absence of evidence to the contrary, we find no basis upon which to
recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of a 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-2007-02038
in Executive Session on 28 November 2007, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard, Jr., Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2007-02038:
Exhibit A. DD Form 149, dated 20 Jun 07, w/atch.
Exhibit B. Available Military Personnel Records.
Exhibit C. FBI Report of Investigation, dated 24 Jul 07.
Exhibit D. Letter, SAF/MRBC, dated 17 Oct 07.
CHARLENE M. BRADLEY
Panel Chair
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