RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01392
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His discharge was unjust because of his family and personal
hardships.
No supporting documentation was submitted.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged as unsuitable under the provisions
of Air Force Manual 39-12, Separation for Unsuitability,
Misconduct, Personal Abuse of Drugs; Resignation or Request for
Discharge for the Good of the Service; and Procedures for the
Rehabilitation Program. The relevant facts pertaining to the
applicants discharge are contained in the discharge case file at
Exhibit B. Accordingly, there is no need to recite these facts
in this Record of Proceedings.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 10 Jun 11, a copy of the FBI report
and a request for post-service information was forwarded to the
applicant 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 error or injustice. After careful
consideration of the available evidence, we found no indication
that the actions taken to effect his discharge were improper or
contrary to the provisions of the governing regulations in effect
at the time, or that the actions taken against the applicant were
based on factors other than his own misconduct. In addition, in
view of the contents of the FBI Report of Investigation record,
we are not persuaded that the characterization of the applicants
discharge warrants an upgrade to honorable on the basis of
clemency. Having found no error or injustice with regard to the
actions that occurred while the applicant was a military member,
we conclude that no basis exists to grant favorable action on his
request.
_________________________________________________________________
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 this application in
Executive Session on 26 Jan 12, under the provisions of AFI 36-
2603:
Panel Chair
Member
Member
The following documentary evidence was considered in BC-2011-
01392:
Exhibit A. DD Form 149, dated 11 Apr 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation, 17 May 2011.
Exhibit D. Letter, AFBCMR, dated 10 Jun 11.
JANET I. HASSAN
Panel Chair
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