RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04083
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under other than honorable conditions (UOTHC) discharge be
upgraded to a general discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not discharged due to being court-martialed, or failing a
urinalysis, but for sale and possession of marijuana.
In support of his appeal, the applicant provides three character
references and documents extracted from his military personnel
records.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Feb 80, the applicant contracted his enlistment in the Regular
Air Force. He was progressively promoted to the grade of airman first
class, having assumed the grade effective and with a date of rank of
26 Feb 81. He was demoted to airman basic on 30 Nov 81, based on the
Article 15 he received for transfer and sale of marijuana. He served
as an aircraft maintenance specialist.
On 28 Dec 81, the applicant’s 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 his
possession and use of marijuana from 1 Mar 81 to 20 Nov 81.
In the notification for discharge, the commander cited the following
derogatory information: Eight records of counseling, placement on the
control roster, an Unfavorable Information File, nonrecommendation for
promotion, command-directed urinalysis, placement in the Drug
Rehabilitation Program, and a reprimand for failing to pay his
noncommissioned officer club payment.
He was advised of his rights and, after consulting with legal counsel,
submitted a conditional waiver contingent upon receipt of an honorable
discharge.
The legal office reviewed the case and found it legally sufficient to
support separation and recommended discharge with a UOTHC, without
probation and rehabilitation.
On 20 Dec 82, the discharge authority directed discharge with an
UOTHC, without probation and rehabilitation. He was discharged on 29
Dec 82. He served 11 years, 11 months and 8 days of active service.
Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI) provided a copy of an Investigative Report, which is at Exhibit
C.
On 31 Jan 11 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.
The applicant states that he has submitted all the necessary
information, including character references, needed for consideration
of his case have been submitted; and he has no additions or changes
to submit.
The applicant’s complete response is at Exhibit E.
_________________________________________________________________
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-2010-04083 in Executive Session on 5 Apr 11, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jul 10, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 31 Jan 10, w/atchs.
Exhibit E. Letter, Applicant, dated 16 Feb 11.
Panel Chair
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