RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2007-03360
INDEX CODE: 110.02
COUNSEL: DAV
HEARING DESIRED: NO
IN THE MATTER OF:
XXXXXXXXXXXXXXXXXXXXXX
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was inequitable because it was based on one
isolated incident in over ten years of service with no other
adverse actions. He pled innocent to the drug abuse charges in
1986 and still stands by his plea today.
In support of his appeal, the applicant provided copies of his
performance reports.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the applicant’s limited military personnel records,
he entered the Regular Air Force in July 1979 in the grade of
airman first class (E-3) with prior enlisted service in the
Regular Army. He was progressively promoted to the rank of staff
sergeant (E-5) effective 1 February 1986.
On 29 June 1982, the applicant received nonjudicial punishment
for being disorderly in station by fighting with another airman.
His punishment consisted of forfeiture of $50. On 25 April 1986,
he received nonjudicial punishment for operating a vehicle while
drunk on or about 19 March 1986, in violation of Article 111 of
the Uniformed Code of Military Justice (UCMJ); and, being
involved in an automobile accident in which the other driver was
injured; and, wrongfully leaving the scene of the accident
without identifying himself or providing assistance, in violation
of Article 134, UCMJ. His punishment consisted of reduction to
the grade of sergeant (E-4) and forfeiture of $250 pay per month
for two months. His punishment was suspended until 24 October
1986, at which time it would be remitted without further action,
unless sooner vacated.
On 5 September 1986, the applicant was released from active duty
with a general (under honorable conditions) characterization of
service for misconduct – drug abuse. His discharge package is
unavailable for review. He served a total of 10 years, 2 months,
and 18 days on active duty.
Pursuant to the Board’s request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report pertaining to the applicant. On 8 February
2008, a copy of the FBI report was forwarded to the applicant for
review and comment within 30 days (Exhibit C). As of this date,
no response has been received by this office.
On 30 January 2007, the applicant was given the opportunity to
submit comments about his post service activities (Exhibit D).
The applicant responded with a personal statement, resume,
employer letter of appreciation, and an employee recommendation
(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 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.
_________________________________________________________________
2
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 this application in
Executive Session on 29 April 2008, under the provisions of AFI
36-2603:
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2007-03360:
Exhibit A. DD Form 149, dated 10 Sep 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBC, dated 30 Jan 08, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 8 Feb 08, w/FBI Report.
Exhibit E. Applicant’s Letter, not dated, w/atchs.
GREGORY A. PARKER
Panel Chair
Mr. Gregory A. Parker, Panel Chair
Mr. Joseph D. Yount, Member
Mr. James A. Wolffe, Member
3
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