RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03059
INDEX CODE: 110.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty,
be corrected to reflect an honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was under the assumption that he had received an honorable
discharge until he applied for a job using veterans’ preference. The
state of Kansas denied him veterans’ preference because his DD Form
214 reflects a general (under honorable conditions) discharge.
His complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Air Force on 4 June 1971. On 21 February
1980, he was discharged in the grade of staff sergeant after serving 8
years, 8 months and 18 days on active duty.
On 17 January 1980, he was notified by his commander that he was
recommending his discharge from the Air Force. The specific reasons
for this action were that he was identified as a drug abuser based on
a urinalysis test; on 17 October 1979, he received an Article 15,
Nonjudical Punishment for possession of marijuana and a Letter of
Reprimand (LOR) for his room being in a state of disarray; and
finally, he failed to participate, cooperate or complete a drug abuse
treatment and rehabilitation program.
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 5 November 2008, a copy of the Investigative Report was
forwarded to the applicant for review and comment within 30 days. The
applicant responded to the Investigation Report. The complete
response is attached at Exhibit D.
On 22 September 2008, a request for post-service information was
forwarded to the applicant for response within 30 days. In response
to our request, applicant provided post-service information along with
documents extracted from his military personnel records and stated he
developed a drinking problem while assigned in Germany. The drinking
caused him to use drugs on a recreational basis with other airmen. He
received an LOR for possession of drug paraphernalia and was placed in
a drug rehabilitation program. After a urinalysis test, traces of
cocaine were found and consequently he was discharged. He does not
question the validity of the drug test; however, he believes drinking
was the problem, rather than drugs. His duty performance and
patriotism were never questioned. His military lawyer recommended he
take the discharge. He did not know the discharge would be less than
honorable. On 21 February 1980, he was discharged. On 19 May 1980,
he was hired by American Telephone and Telegraph (AT&T) Company. On
2 May 2008, he retired from AT&T. During his 28 years with AT&T, he
was an active member in good standing with Communications Workers of
America. He married and raised a daughter who graduated in May of
2007 with a Bachelor’s degree in Accounting and is pursuing a budget
analysis career with the U.S. Geological Survey. His veterans’
preference for employment was denied due to not having an honorable
discharge. His life after discharge should qualify him for an upgrade
of his discharge based on clemency.
His complete response, with attachments, is at 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 his 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 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-
2007-03059 in Executive Session on 11 December 2008, under the
provisions of AFI 36-2603:
Mr. Gregory A. Parker, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Anthony P. Reardon, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 July 2008.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, Applicant, not dated, w/atchs.
Exhibit E. Letter, AFBCMR, dated 22 September 2008, w/atch.
Exhibit F. Letter, Applicant, not dated, w/atchs.
GREGORY A. PARKER
Panel Chair
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