RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02918
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized entry level discharge be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is presently incarcerated in Los Angeles County and enrolled
in a drug program. Upon his completion of the program, he needs
to go to an in-patient program, possibly with the Department of
Veterans Affairs (DVA) for some mental health treatment.
He was 18 years old and immature when he was discharged.
However, 27 years later, he realizes he has been in and out of
prison his whole adult life because of drugs.
A veterans representative advised him that the DVA could help
him with his treatment if his discharge was upgraded.
In support of his request, the applicant provides personal
statements.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 21 May 84.
On 14 Jun 10, the applicant received an Article 15, Record of
Nonjudicial Punishment, for wrongfully possessing marijuana. He
was ordered to forfeit $286 pay for one month.
On 18 Jun 84, the applicant was notified of pending discharge
action. Specifically, the commander cited unsatisfactory entry
level performance or conduct as the basis for discharge. The
applicant acknowledged receipt, waived his rights to consult
counsel and to submit statements in his own behalf.
The staff judge advocate found the case legally sufficient and
recommended separation with an entry level separation. On
19 Jun 84, the discharge authority directed discharge. The
applicant was discharged on 20 Jun 84, with an entry level
separation with the narrative reason for separation of entry
level performance and conduct. He is credited with one month
of active military service.
Pursuant to the Boards request, the Federal Bureau of
Investigations (FBI) provided an investigative report, which is
at Exhibit C. A copy of the report and a request for post-
service information was forwarded to the applicant on 29 Sep 10
for review and comment within 30 days (Exhibit D). As of this
date, this office has not received a response.
_________________________________________________________________
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 an injustice. We find
no impropriety in the characterization of applicant's discharge.
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 the applicant was not afforded all the rights to which
entitled at the time of discharge. Further, based on the
contents of the FBI report, we do not find it appropriate to
grant clemency. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the requested
relief.
_______________________________________________________________
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-2010-02918 in Executive Session on 7 December 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Jul 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 29 Sep 10, w/atch.
Panel Chair
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