RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03300
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His characterization of service be upgraded from general (under honorable
conditions) to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The illegal contraband found in his area did not belong to him and his
immaturity led him to take responsibility. Since his discharge from the
Air Force, he has led a productive life and has been a positive influence
to society.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 7 Apr 80, for a period of
four years, and served as an electrician.
On 28 Sep 77, applicant was notified of his commander's intent to recommend
him for a general (under honorable conditions) discharge for unfitness.
The commander stated the following reasons for the proposed discharge:
a. Article 15, dated 6 Apr 77, for possession of marijuana
b. Article 15, dated 3 Aug 77, for wrongful possession of marijuana
He was advised of his rights in this matter. He consulted counsel; he
waived his right to a hearing before an administrative discharge board and
elected not to submit statements in his own behalf.
A legal review was conducted on 21 Oct 77, in which the staff judge
advocate recommended that he be separated with a general (under honorable
conditions) discharge characterization without probation and
rehabilitation.
On 18 Nov 77, applicant was discharged in the grade of airman basic (E-1)
for Drug Abuse, IAW AFM 39-12, Enlisted Personnel, Separation for
Unsuitability; Misconduct, Personal Abuse of Drugs; Resignation or Request
for Discharge for the Good of the Service; and Procedures for the
Rehabilitation Program, Section B, paragraph 2-15c. He was given a general
(under honorable conditions) discharge characterization, and an RE Code of
2B, “Separated with a General or UOTHC Discharge”, which bars immediate
reenlistment. He served a total of 1 year, 3 months, and 22 days active
duty service.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 29 Nov 07, that on the basis of the data
furnished they were unable to locate an arrest record. (Exhibit C)
________________________________________________________________
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. The discharge appears to be in compliance
with the governing regulation, and we find no evidence to indicate the
applicant’s separation from the Air Force was inappropriate. We find no
evidence of error in this case and after thoroughly reviewing the evidence
of record, we do not believe he has suffered from an injustice. The only
other basis upon which to upgrade his discharge would be clemency.
However, applicant has failed to provide documentation pertaining to his
post-service activities. Should he provide documentary evidence pertaining
to his post-service activities, we would be willing to reconsider his
application. Therefore, based on the evidence of record, we find no basis
upon which to favorably consider 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 Docket Number BC-2006-03300
in Executive Session on 30 Jan 08, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Kurt R. LaFrance, Member
Mrs. Lea Gallogly, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Sep 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Response, dated 29 Nov 07
Exhibit D. AFR 39-12, Pg 25, dated 1 Apr 80.
Exhibit E. AFI 36-3208, Pgs 20-23, dated 10 Mar 00.
THOMAS S. MARKIEWICZ
Chair
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