RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02582
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 a good servicemember for eight years. He had two honorable
discharges and made airman of the month. The only mistake he made was
using marijuana. He needs his discharge upgraded to obtain better
employment.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Jan 71, the applicant contracted his initial 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 Oct 80.
On 8 Nov 92, the applicant’s commander notified him that she 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 26 Mar 82 to 3 Aug 82.
In the notification for discharge, the commander cited the following
derogatory information:
a. On 29 Oct 82, he received a Letter of Reprimand (LOR) for
failure to go.
b. On 19 Oct 82, he received an LOR for wrongful use and
possession of marijuana.
c. On 3 Apr 81, he received an LOR for using abusive, profane
language constituting a serious breach of discipline and good order
and unbecoming of an Air Force noncommissioned officer.
d. On 21 Jul 82, the Howard County Department of Public Welfare
submitted letter indicating the applicant was not providing support to
his dependent spouse.
His commander advised him of his rights in this matter. On 3 Aug 92,
he acknowledged receipt of the notification of discharge and, after
consulting with legal counsel, submitted a conditional waiver
contingent upon receipt of an honorable discharge.
The staff judge advocate reviewed the case and found it legally
sufficient to support separation and recommended discharge with an
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.
_________________________________________________________________
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-2010-02582 in Executive Session on 27 Jan 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 May 10, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Panel Chair
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