RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03322
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was never informed of his rights and the period of time hes
had to suffer the effects of the discharge characterization is
unjust.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force, on
11 October 1984, in the grade of airman basic (E-1/AB) for a
period of four years. He was progressively promoted to the
grade of airman (E-2/Amn), with a Date of Rank (DOR) of
11 April 1985.
a. He received an Article 15 for resisting apprehension,
on or about 10 August 1985. His punishment consisted of
correctional custody for 30 days and a suspended reduction to
the grade of AB.
b. He received an Article 15 for wrongful use of
marijuana, on or about 10 August 1985. His punishment consisted
of a reduction to the grade of airman basic (AB).
The applicant was notified by his commander that he was
recommending him for discharge from the Air Force under the
provisions of AFR 39-10, paragraph 5-49c, commission of a
serious offense drug abuse. The specific reasons for this
action were based on the incidents listed above.
Due to the applicants grade, time in service, and the character
of service being recommended, he was not entitled to present his
case before a board of officers. However, after consulting with
counsel, the applicant submitted written statements in his own
behalf. After a legal review of the case file, the staff judge
advocate found the case legally sufficient and recommended the
applicant receive a general discharge without probation and
rehabilitation (P&R). The discharge authority approved the
general discharge, without P&R.
The applicant was discharged, on 10 December 1985, under the
provisions of AFR 39-10, with a reason for separation of
misconduct drug abuse, with service characterized as general
(under honorable conditions). He was credited with one year and
two months of active duty service.
________________________________________________________________
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 during the discharge process. 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 also find
insufficient evidence to warrant a recommendation that the
discharge be upgraded on the basis of clemency. We have
considered the available evidence of record; however, based on
the evidence of record, we cannot conclude that clemency is
warranted. The applicant has not provided sufficient
information of post-service activities and accomplishments for
us to conclude that he has overcome the behavioral traits which
caused the discharge. Should the applicant provide statements
from community leaders and acquaintances attesting to his good
character and reputation and other evidence of successful post-
service rehabilitation, this Board may be inclined to reconsider
this case based on the new evidence. We cannot, however,
recommend approval based on the current evidence of record.
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 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 AFBCMR Docket
Number BC-2010-03322 in Executive Session on 14 December 2010,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 10.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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