RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00313
INDEX CODE: A94.39/40
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to Honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has been a productive self-employed business person and has
had no trouble with the law. He was guilty of failing a
urinalysis test. He has not had this addiction in 25 years and
would like closure on this issue.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants available military personnel records indicate he
enlisted in the Regular Air Force on 15 Jun 82 and was
progressively promoted to the grade of airman first class (E-3),
effective and with a date of rank of 15 Jun 83.
On 16 Sep 85, the applicants commander notified him of his
intent to recommend him for discharge from the Air Force for
drug abuse. The applicant subsequently acknowledged receipt of
the action, consulted with legal counsel, and waived his right
to submit statements on his behalf.
On 2 Oct 85, the case was found to be legally sufficient and the
discharge authority approved the applicants discharge the same
day. On 7 Oct 85, the applicant was furnished a General (Under
Honorable Conditions) discharge and was credited with 3 years,
3 months, and 23 days of total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a response indicating they were
unable to locate an arrest record based on the information
furnished.
A request for post-service information was forwarded to
applicant on 19 May 10. As of this date, no response has been
received by this office (Exhibit C).
________________________________________________________________
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. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice. Based on the available evidence of record, it
appears the applicants General (Under Honorable Conditions)
discharge was consistent with the substantive requirements of
the discharge regulation and within the commanders
discretionary authority. He has provided no evidence which
would lead us to believe otherwise. We considered upgrading the
discharge based on clemency; however, we do not find the
evidence presented is sufficient to convince us to recommend
granting the relief sought on that basis. In view of the
foregoing, and in the absence of evidence to the contrary, we
conclude that no basis exists for us to recommend an upgrade to
the applicants General (Under Honorable Conditions) discharge.
________________________________________________________________
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 AFBCMR Docket
Number BC-2010-00313 in Executive Session on 1 Sep 10, under the
provisions of AFI 36-2603:
Ms. XXXXXXXXXX, Panel Chair
Mr. XXXXXXXXXX, Member
Ms. XXXXXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00313 was considered:
Exhibit A. DD Form 149, dated 14 Jan 10.
Exhibit B. Applicant's Available Personnel Records.
Exhibit C. Letter, AFBCMR, dated 19 May 10, w/atch.
XXXXXXXXXX
Panel Chair
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