RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00438
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
______________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to an
honorable discharge.
______________________________________________________________
APPLICANT CONTENDS THAT:
When he entered the Air Force he was young and lacked self confidence. He
brought issues with him that were unacceptable to the Air Force. The Air
Force gave him pride and integrity. He regrets what he did.
In support of his appeal, applicant submitted a personal statement.
Applicant's complete submission, with attachment, is at Exhibit A.
______________________________________________________________
STATEMENT OF FACTS:
On 5 Nov 76, the applicant contracted his initial enlistment in the Regular
Air Force. He was progressively promoted to the grade of senior airman
having assumed the grade effective and with a date of rank of 1 Nov 79.
On 29 Apr 80, his commander notified him that he was recommending his
discharge from the Air Force for apathy and defective attitude. The
specific reasons for the discharge action were:
a. On 23 Mar 78, he received two traffic violations.
b. On 6 Jul 78, he had a dishonored check.
c. On 7 Mar 79, he had a dishonored check.
d. On 28 May 79, he received an Incident Report for possession of
marijuana.
e. On 25 May 79, he accepted a statement of Drug Rehabilitation
and Notification of Drug Abuse, and Entered Drug Rehabilitation. He
successfully completed Drug Rehabilitation on 28 Aug 79.
f. On 1 Nov 79, he failed to make a scheduled dental appointment.
g. He received a Letter of Reprimand on 20 Dec 79, for entering
the base in an automobile which contained marijuana.
h. On 21 Dec 79, he received an Incident Report for possession of
a controlled substance in his room during a barracks inspection.
i. A Report of Investigation, Summary of Findings of the barracks
inspection and statement of his disavowing knowledge and use of controlled
substance dated 21 Jan 80.
j. Laboratory results from evidence seized during a barracks
inspection dated 6 Feb 80.
k. On 13 Apr 80, he admitted to use of marijuana subsequent to
drug rehabilitation.
His commander advised him of his rights in this matter and on 1 May 80
after consulting with counsel, he waived his right to a board hearing.
On 6 May 80, the staff judge advocate reviewed the case and found it
legally sufficient to support separation and recommended discharge without
probation and rehabilitation.
On 7 May 80, the discharge authority directed a general discharge without
probation and rehabilitation.
The applicant was discharged on 8 May 80. He served three years, six
months and four days on active duty.
Pursuant to the Board’s request, the Federal Bureau of investigation,
indicated on the basis of the data furnished they were unable to locate an
arrest record (Exhibit C).
On 28 May 08, a request for information pertaining to his post-service
activities was forwarded to the applicant for response within 30 days. As
of this date, no response has been received by this office.
______________________________________________________________
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. 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 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-2008-
00438 in Executive Session on 25 Jun 08 under the provisions of AFI 36-
2603:
Mr. Joseph D. Yount, Panel Chair
Ms. Barbara J. Barger, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jan 08, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Negative FBI Reply.
Exhibit D. Letter, SAF/MRBC, dated 28 May 08.
JOSEPH D. YOUNT
Panel Chair
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