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AF | BCMR | CY2011 | BC-2010-03197
Original file (BC-2010-03197.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03197
            COUNSEL:  NONE

            HEARING DESIRED: NO

____________________________________________________________

APPLICANT REQUESTS THAT:

His  under  honorable  conditions  (general)  discharge   be   upgraded   to
honorable.

____________________________________________________________

APPLICANT CONTENDS THAT:

During the time of his discharge  he  did  not  receive  any  counseling  or
proper medical consideration.  He believed his discharge would  be  upgraded
after six months of leaving military service.   He  believes  his  discharge
should be upgraded due to his outstanding job performance  while  on  active
duty.

In support of his request,  applicant  provides  a  personal  statement  and
copies of documents extracted from his military personnel records.

Applicant’s complete submission, with attachments, is at Exhibit A.

____________________________________________________________

STATEMENT OF FACTS:

On 10 Sep 79, the applicant contracted his enlistment  in  the  Regular  Air
Force.   He  served   as   an   Aircraft   Maintenance   Airlift/Bombardment
Specialist.

On  24  Oct  80,  the  applicant’s  commander  notified  him  that  he   was
recommending his discharge from the Air Force for frequent involvement of  a
discreditable nature with civilian or military  authorities.   The  specific
reasons for the discharge action were:

      a.  On 9 Jun 80, the applicant received  an  Article  15  for  driving
under the influence (DUI).

      b.  On 6 Aug 80, he received an Article 15 for  wrongfully  possessing
marijuana.

His commander advised him of his rights in this  matter,  and  appointed  an
evaluation officer to review the applicant’s case.
The evaluation officer conducted an interview with the applicant,  reviewed
the applicant’s records and comments by his commander, and recommended  the
applicant be discharged from the Air Force with a general discharge

The applicant acknowledged receipt of the  notification  for  discharge  and
after consulting with the evaluation officer invoked his right to  submit  a
rebuttal or statements in his own behalf.

The legal office reviewed the  case  and  found  it  legally  sufficient  to
support separation  and  recommended  discharge  with  a  general  discharge
without probation and rehabilitation.

The discharge authority directed a general discharge without  probation  and
rehabilitation.

He was discharged on 10 Dec 80.  He served one year, three  months  and  one
day 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 (Exhibit D).

The applicant believes he had a severe mental defect or  illness  associated
with his alcohol/drug abuse problems.  He also believes he should have  been
allowed  to  complete  the  drug  rehabilitation  program   based   on   his
outstanding duty performance.

The applicant’s complete response, with attachments, 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, to  include  his  rebuttal  response,  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 persuade us to recommend  granting  the  relief  sought  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.

____________________________________________________________

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-2009-
03197 in Executive Session on 1 Mar 11 and 23 Mar 11, under  the  provisions
of AFI 36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 Aug 10, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, Applicant, dated 24 Jan 11, w/atchs.
      Exhibit E. Letter, AFBCMR, dated 31 Jan 10, w/atchs.





                             Panel Chair

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