RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01505
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was addicted to drugs prior to enlisting in the Air Force, he
acknowledged his use of drugs to his recruiter, but was provided no help
with his addiction. His records reflect that his performance while in the
Air Force was excellent until he cross-trained and had a personality
conflict with his supervisor. He has been clean for over seven years and
is a responsible father and husband. He is involved in the community,
coaches his son’s basketball team and has turned his life around.
In support of the appeal, the applicant provides a copy of a Report of
Medical History.
The applicant’s complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 Dec 84 for a term of
four years, and was trained as a Personnel Specialist.
On 19 Jun 89, he was notified of his commander's intent to recommend him
for discharge for Misconduct - Drug Abuse, under the provisions of AFR 39-
10.
The commander stated the following reason for the proposed discharge:
Letter of Reprimand (LOR), dated 12 Jun 89, for wrongful use of
cocaine, between 1 May 89 and 12 May 89.
A legal review was conducted on 22 Jun 89, in which the staff judge
advocate recommended that he be separated with a general (under honorable
conditions) discharge. The discharge authority approved the discharge and
on 28 Jun 89, the applicant was discharged in the grade of senior airman (E-
4) for Misconduct – Drug Abuse.
On 23 Sep 94, the Air Force Discharge Review Board (AFDRB) considered and
denied the applicant’s request for an upgrade of his discharge.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, provided a copy of an Investigation Report pertaining to
the applicant, which is at Exhibit C.
On 9 Jun 09, a copy of the FBI Report was provided to the applicant for
review and response, and a request for post-service information was also
forwarded to the applicant for reply within 30 days (Exhibit D).
On 29 Jun 09, the applicant provided a personal statement, a character
reference letter, and excerpts from his military personnel records (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 an error or injustice. After reviewing all the evidence
presented, we are not persuaded that action to upgrade the applicant's
discharge is appropriate. It appears that responsible officials applied
appropriate standards in effecting the separation, and we do not find
persuasive evidence that pertinent regulations were violated or that
applicant was not afforded all the rights to which entitled at the time of
discharge. The applicant has failed to sustain his burden of establishing
the discharge proceedings were improper and the characterization of the
discharge was inappropriate based on the existing circumstances.
Furthermore, because of the limited post-service documentation provided, we
are not inclined to recommend upgrading his discharge based on clemency at
this time. In view of the foregoing, and in the absence of sufficient
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought in this application.
________________________________________________________________
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 Docket Number BC-2009-01505
in Executive Session on 1 Sep 09, under the provisions of AFI 36-2603:
Mr. Robert H. Altman, Panel Chair
Ms. Glenda H. Scheiner, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR dated 9 Jun 09, w/atch.
Exhibit E. Letter, Applicant, dated 29 Jun 09, w/atchs
ROBERT H. ALTMAN
Panel Chair
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