RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01486
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant did not submit supporting documentation.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Nov 66, the applicant enlisted in the Regular Air Force for a period
of four years.
In a summary court-martial, the following charges and specifications were
considered in Article 15 action pertaining to the applicant:
1) On 20 Sep 68, he wrongfully possessed three capsules of a habit-
forming narcotic drug, to wit: Secobarbital
2) On 22 Nov 68, he wrongfully possessed a trace of marijuana.
On 23 Jul 69, the staff judge advocate modified the charges and withdrew
specification 1) above; however, he recommended that Article 15 punishment
be administered for the possession of marijuana (specification 2). For
this offense, he was restricted to the limits of base, reduced to the grade
of airman basic and ordered to forfeit $75.00 per month for a period of two
months.
On 22 May 70, the applicant was released from active duty for hardship and
issued a general (under honorable conditions) discharge. He had served
three years, six months and two days on active duty.
He was subsequently transferred to the Air Force Reserve and on 30 Nov 70,
received an honorable discharge for the convenience of the government.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. On 13 Mar 70, the applicant requested a
hardship discharge to care for his mother. His mother was ill with cancer,
unable to work and had no other means of support.
DPSOS states the applicant’s discharge was consistent with the procedural
and substantive requirements of the discharge regulation at the time of his
separation and within the discretion of the discharge authority.
DPSOS notes it has been more than 30 years since the applicant’s discharge
and he has provided no justification of why the untimely submission should
be waived. No evidence of errors or injustice and no facts warranting an
upgrade to the discharge characterization have been presented by the
applicant.
The complete DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
At the time of his discharge he had a substance abuse problem. His life
was turned around during the 18 months he was an inpatient at the Veterans
Administration (VA) hospital. He has worked at the Golf Course on the VA
grounds for almost 11 years and has recently been moved to head greens
keeper. He is committed and enthusiastically looks for ways to improve the
grounds of the course for his fellow veterans.
The shame and fear he experienced after his discharge ruled and hindered
his life and kept him from seeking an upgrade of his discharge. He has
been clean and sober for 12 years and feels the appropriate time to request
a discharge upgrade is now.
The applicant’s complete response 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. After reviewing the evidence submitted
with this appeal, we are not persuaded that the applicant’s discharge
should be upgraded. Approximately 40 years has elapsed since the
applicant’s separation; and, although he has submitted some information
pertaining to his post-service activities, we do not find the evidence
provided sufficiently persuasive to warrant the approval of his request
based on clemency. In view of this fact, we are not inclined to exercise
clemency in this case without more extensive information documenting his
post-service activities. Therefore, in the absence of evidence to the
contrary, we find no 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 in Executive Session on 9 Mar
10, under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-2009-01486:
Exhibit A. DD Form 149, dated 24 Apr 2009.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOS, dated 30 Nov 09.
Exhibit D. Letter, SAF/MRBR, dated 18 Dec 09.
Exhibit E. Letter, Applicant, dated 16 Jan 10.
Chair
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