RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-02475
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:
He consented to a search of his vehicle due to an investigation involving
marijuana use. He received disciplinary action because marijuana seeds,
which were not his, were found in his car. After numerous complaints to
the commanding officer he opted to sign papers for discharge.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 Jun 71, the applicant contracted his initial enlistment in the
Regular Air Force. He was progressively promoted to the grade of airman
first class having assumed the grade effective and with a date of rank of 1
Feb 72.
On 3 May 73, the applicant’s commander notified him that he was
recommending his discharge from the Air Force under the provisions of Air
Force Manual (AFM) 39-12 for apathy and defective attitude. The specific
reasons for the discharge action were:
a. On or about 6 Apr 73, he wrongfully possessed marijuana.
b. He received a Letter of Reprimand for failing to obey a lawful
order.
c. On or about 3 May 73, he failed to go to his appointed place of
duty.
d. His supervisor counseled him on several occasions regarding his
poor work performance and his tardiness.
His commander advised him of his rights in this matter.
The applicant acknowledged receipt of the notification and after consulting
with legal counsel waived his right to submit a statement in his own
behalf.
On 21 May 73, the staff judge advocate reviewed the case and found it
legally sufficient to support separation and recommended a general
discharge without probation and rehabilitation.
On 22 May 73, the discharge authority directed discharge with a general
discharge.
The applicant was discharged on 24 May 73. He served 1 year, 11 months and
1 day on active duty.
Pursuant to the Board’s request, the Federal Bureau of Investigation (FBI)
provided a copy of an Investigative Report, which is at Exhibit C.
On 4 Aug 08, the Board staff requested the applicant provide documentation
regarding his activities since leaving military service and forwarded a
copy of the investigative report to him for his review and response within
30 days. As of this date no response has been received. The Investigative
Report was returned as undeliverable (Exhibit D).
_________________________________________________________________
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-
02475 in Executive Session on 16 Sep 08 under the provisions of AFI 36-
2603:
Mr. Joseph D. Yount, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Richard K. Hartley, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jun 08, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 4 Aug 08.
JOSEPH D. YOUNT
Panel Chair
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