RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02979
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
It appears the applicant is requesting a discharge upgrade in
order to receive benefits from the Department of Veterans Affairs
(DVA).
In support of his application, he provides two character letters
and certificates.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 16 Apr 80, the applicant contracted his enlistment in the
Regular Air Force. He was progressively promoted to the grade of
senior airman, having assumed the grade effective and with a date
of rank of 1 May 83. He was demoted to airman first class on
20 Sep 84 and airman basic on 22 Mar 85.
On 20 Sep 84, the applicant received an Article 15 for failure to
go from place of duty while on temporary duty (TDY).
The applicants commander notified him that he was recommending
his discharge from the Air Force for misconduct (drug abuse).
The specific reason for the discharge action was that on
22 Mar 85, he received an Article 15 for wrongful use of
marijuana.
His commander advised him of his rights in this matter. The
applicant acknowledged receipt of the notification of discharge
and after consulting with legal counsel waived his right to
submit statements in his own behalf.
On 29 Apr 85, the legal office reviewed the case and recommended
discharge with a general discharge without probation and
rehabilitation.
On 1 May 85, the discharge authority directed a general discharge
without probation and rehabilitation. He was discharged on
1 May 85. He served 5 years and 16 days of active service.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C.
On 30 Sep 10, a copy of the Investigative Report was forwarded to
the applicant along with a request for post-service documentation
for review and comment within 30 days (Exhibit D). As of this
date, no response has been received by this office.
_________________________________________________________________
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 considered
upgrading the discharge based on clemency; however, we do not
find the evidence presented is sufficient to compel us to
recommend granting the relief sought on that basis. 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 AFBCMR Docket Number
BC-2010-02979 in Executive Session on 16 Nov 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 30 Sep 10, w/atch.
Panel Chair
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