RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00200
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 does not use drugs or alcohol anymore. After reading American
Veterans and Service Members Survival Guide, he notes that illegal
drug tests or faulty procedures were given by all branches of the
military in 1982 and 1983; therefore, he believes his discharge
should be upgraded. Letters were sent out to members who served in
the military letting them know about this situation; however, not
everyone received the letters.
In support of his request, the applicant provides personal
statements.
His complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFM 39-10, paragraph 5-49c. The specific reason for
this action was for wrongfully using marijuana. The applicant was
advised of his rights in this matter and elected to waive his right
to submit matters on his own behalf. After a legal review of the
case file, the staff judge advocate found the case legally
sufficient. The applicant was discharged with a general discharge
on 7 Feb 84. He served 3 years, 1 month, and 20 days on active
duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. A copy of the FBI report was forwarded to
the applicant for review and comment within 30 days on 29 Mar 10.
As of this date, no response has been received by this office.
A request for information pertaining to his post-service activities
was forwarded to the applicant on 29 Mar 10 for response within
30 days. In response to our request, applicant provided post-
service information, which is attached at Exhibit D.
On 6 Apr 10, the applicant requested to withdraw his request. The
AFBCMR sent the applicant a letter on 22 Apr 10 notifying him that
his case was administratively closed.
On 30 Jun 10, the applicant reopened his case.
___________________________________________________________________
BOARD CONCLUSION:
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, in view of the contents of the FBI record which
indicates recent involvement with law enforcement authorities, we
are not persuaded that the characterization of the applicants
discharge warrants an upgrade to honorable. Accordingly, no basis
exists to grant favorable action on his request.
___________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or 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 this application in
Executive Session on 6 Jan 11, under the provisions of AFI 36-
2603:
, Vice Chair
, Member
, Member
The following documentary evidence for Docket Number BC-2010-
00200 was considered:
Exhibit A. DD Form 149, dated 12 Jan 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBMCR, dated 29 Mar 10.
Vice Chair
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