RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01422
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his discharge upgraded to allow him to receive job
and educational services from the Department of Veterans Affairs
(DVA).
In support of his application, the applicant provides a copy of
his DD Form 214, Certificate of Release or Discharge from Active
Duty and a letter from the National Personnel Records Center.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 26 August 1981
and was promoted to the grade of airman.
On 3 November 1982, the applicant was notified by his commander
that he was recommending he be discharged from the Air Force
under the provisions of AFR 39-10, Administrative Separation of
Airmen, for minor disciplinary infractions. The specific reasons
for this action were: 1) He received two Article 15 actions for
possession and use of marijuana and failure to obey a lawful
order by consuming alcoholic beverages while in correctional
custody; 2) He received one Letter of Counseling for violation of
the dormitory visitation hours. The applicant acknowledged
receipt of the notification of discharge and received advice from
a military defense attorney.
On 16 December 1982, the applicant was discharged with a general
discharge after completing a period of 1 year, 3 months and
20 days total active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI), Clarksburg, WV, provided a copy of an
Investigation Report (Exhibit C)
On 15 June 2010, the FBI investigation and a request for post-
service information were forwarded to the applicant for response
within 30 days. As of this date, no response has been received
by this office (Exhibit D).
_________________________________________________________________
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 which would lead us to
believe the characterization of the service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. We have considered
the applicants overall quality of service, the events which
precipitated the discharge, and the available evidence related to
post-service activities, and we do we do not believe clemency is
warranted. Therefore, in the absence of evidence to the
contrary, we find no basis upon which to recommend granting the
relief sought.
_________________________________________________________________
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-2010-01422 in Executive Session on 15 July 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation, dated 20 Mar 10.
Exhibit D. Letter, AFBCMR, dated 15 Jun 10, w/atchs.
Panel Chair
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