RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01268
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His under honorable conditions (general) discharge be upgraded to
honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not discharged for being a deserter. He was discharged
for bringing marijuana on the base. He accepted the general
discharge because he signed a statement reflecting the discharge
would be upgraded in one year.
In support of his request, the applicant provides a copy of a DD
Form 293, Application for the Review of Discharge from the Armed
Forces of the United States.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 12 Dec 74, the applicant contracted his enlistment in the
Regular Air Force. He served as an Aircrew Life Support
Specialist.
On 22 Oct 76, the applicants commander notified him that he was
recommending his discharge from the Air Force for apathy and
defective attitude. The specific reasons for the discharge
action were checks written with insufficient funds, delinquent
payments, failure to report for duty, failure to report on time
for work, absent without leave (AWOL), and possession of
marijuana. For these infractions the applicant received several
counselings, and nonjudicial punishment.
An evaluation officer was appointed to review his case. The
evaluation officer conducted an interview with the applicant,
reviewed the applicants records and comments by his commander,
and advised him of his rights. The applicant acknowledged
receipt of the notification for discharge and, after consulting
with the evaluation officer, waived his rights to submit
statements in his own behalf. The evaluation officer recommended
separation with a under honorable conditions (general) discharge
without probation and rehabilitation.
The legal office reviewed the case and found it legally
sufficient to support the action and the discharge authority
directed a general discharge without probation and
rehabilitation.
He was discharged on 9 Nov 76 and was credited with two years,
one month and ten days of 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.
On 18 Oct 11, a copy of the Investigative Report and a request
for post-service information was forwarded to the applicant for
review and comment within 30 days (Exhibit D). In response, the
applicant states he started using marijuana due to his family
situation. He had to provide over half of his salary to his ex-
wife and child, so he started selling marijuana to supplement his
income. He is currently in prison but has been recommended for
early release. He needs his discharge upgraded to be eligible
for programs through the Department of Veterans Affairs (DVA) to
be able to get the additional support he will need to continue on
a positive path. He requests his discharge be upgraded based on
clemency.
The applicants 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.
4. The applicant's 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 issue(s)
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-2011-01268 in Executive Session on 6 Dec 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Mar 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, AFBCMR, dated 18 Oct 11, w/atch.
Exhibit E. Letter, Applicant, dated 14 Nov 11, w/atchs.
Panel Chair
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