RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04583
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His General (Under Honorable Conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was young and did not know the value of the experience the
military could provide. He suffered from culture shock. He
could have been given another chance, considering his age.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 16 Dec 86 in the grade of airman
basic (E-1) for a period of six years.
On 29 Dec 87, the applicant was notified by his commander of his
intent to recommend his discharge from the Air Force for Drug
Abuse, under the provisions of AFR 39-10, Administrative
Separation of Airmen. The reasons for the action included his
wrongful use of marijuana and an incidence of open disrespect to
a non-commissioned officer (NCO) in the performance of his
duties as an NCO.
On 29 Dec 87, the applicant acknowledged receipt of the action,
waived his right to consult legal counsel, and elected to not
submit statements in his behalf.
On 30 Dec 87, the case was found to be legally sufficient and
the discharge authority approved the commanders recommendation,
directing the applicants administrative discharge without
probation and rehabilitation.
On 31 Dec 87, the applicant was furnished a General (Under
Honorable Conditions) discharge for MisconductDrug Abuse and
was credited with 1 year and 15 days of total 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.
A copy of the FBI Investigative Report and a request for post-
service information was forwarded to the applicant on 19 Apr 11
for review and comment 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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of this case; however, we find no evidence of an error or
injustice that occurred in the discharge process. It appears
the applicants discharge was consistent with the substantive
requirements of the discharge regulation in effect at the time
and within the commanders discretionary authority. No evidence
has been presented to indicate otherwise. We considered
upgrading the discharge based on clemency; however, in the
absence of any documentation concerning his post-service
activities, we are not convinced the applicants discharge
should be upgraded on that basis. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the relief sought in this application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2010-04583 in Executive Session on 26 Jul 11, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Nov 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 19 Apr 11, w/atch.
Panel Chair
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