RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03105
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has made plenty of mistakes in his life and he is trying to correct his
past.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 25 July 1979 in the grade of
airman basic. On 27 September 1983, the applicant was notified by his
commander of his intent to recommend his discharge from the Air Force under
the provisions of AFR 39-10, paragraph 5-56.
The specific reason for this action was the applicant's failure to
successfully complete the prisoner retraining rehabilitation program. On
26 May 1983, the applicant was convicted by a Special Court-Martial for
wrongfully distributing some quantity of marijuana, wrongfully using
marijuana, and wrongfully possessing some quantity of marijuana. The
sentence was adjudged on 27 April 1983. The applicant was sentenced to
confinement at hard labor for six months, a reduction in grade from senior
airman to airman basic, and a forfeiture of $382.00 per month for six
months.
He was advised of his rights in this matter and acknowledged receipt of the
notification on that same date. After consulting with counsel, the
applicant waived his right to submit statements in his own behalf. In a
legal review of the case file, the staff judge advocate found the case
legally sufficient and recommended discharge. On 5 October 1983, the
discharge authority concurred with the recommendations and directed a
general discharge without probation and rehabilitation. The applicant was
discharged on 6 October 1983. He served 3 years, 9 months and 16 days on
active duty.
Pursuant to the Board's request, the Federal Bureau of Investigation (FBI),
Clarksburg, West Virginia, provided an arrest record which is at Exhibit C.
On 6 October 2008, a copy of the FBI Report of Investigation and a request
for information pertaining to his post-service activities was forwarded to
the applicant for review and response within 30 days (Exhibit D). The
applicant provided additional information which 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 that would lead us to believe the
characterization of his service was contrary to the provisions of the
governing regulation, unduly harsh, or disproportionate to his misconduct.
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.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issues involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or an injustice; the application was denied without a
personal appearance; and 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-
03105 in Executive Session on 6 January 2009, under the provisions of AFI
36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Grover L. Dunn, Member
Ms. Audrey Y. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 August 2008.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Federal Bureau of Investigative Report.
Exhibit D. Letter, SAF/MRBC, dated 6 October 2008.
Exhibit E. Letter, Applicant, dated 27 October 2008 w/atchs.
THOMAS S. MARKIEWICZ
Chair
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