RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01568
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
The characterization of his discharge was unreasonable and does
not fit the reason for separation. He was an exemplary officer
and made a small mistake and was punished based on his
association with enlisted personnel. However, it has now been
almost 30 years since his discharge and believes that since he
served his country honorably, his discharge should reflect the
same.
In support of his appeal, the applicant submits a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 14 Aug 81 separation.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered extended active duty on 22 May 77 as a
second lieutenant.
While serving in the grade of first lieutenant, on 10 Sep 80,
the applicant was recommended for administrative discharge
action under the provisions of AFR 36-2, Commissioned Officer.
The specific reason for the proposed action was based on
information received from the Air Force Office of Special
Investigations (AFOSI) that the applicants participated in the
use of marijuana. The applicant denied the use of marijuana and
accepted a polygraph examination. Subsequent to the polygraph
finding the applicant untruthful he admitted to the use of
marijuana one time at an off-base location
After consulting with counsel, the applicants case was heard by
a Board of Inquiry (BOI). The BOI recommended the applicant be
separated with a general discharge, without probation and
rehabilitation (P&R). The Secretary of the Air Force Personnel
Council (SAFPC) recommended the applicant be separated with a
general (under honorable conditions) discharge. SAFPC ordered
the applicant be issued a general discharge certificate and that
he be discharged from all appointments.
On 14 Aug 81, the applicant was discharged from all appointments
under the provisions of AFR 36-2, by reason of involuntary
discharge: unfit, unacceptable conduct, with service
characterized as general (under honorable conditions). He was
credited with 4 years, 2 months, and 20 days of active duty
service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia, provided an
investigative report which is attached at Exhibit C.
On 27 Dec 11, a copy of the FBI report was forwarded to the
applicant for comment. At that time, he was also invited to
provide additional evidence pertaining to his activities since
leaving the service (Exhibit D).
In his response, the applicant indicates that it has been
30 years since his discharge; he has earned an undergraduate and
graduate degree and deserves a second chance to upgrade his
discharge.
In support of his appeal, the applicant provides a personal
statement, a copy of his school transcript, and a resume of his
employment history.
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 in judging the merits of
the case; however, we find no evidence of an error or injustice
that occurred during the discharge process. 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. The applicant
provided a personal statement in support of his appeal to have
his discharge upgraded based on clemency; however, considering
his overall record of service-and the seriousness of the
offenses which led to his administrative separation, we are not
persuaded that an upgrade of the characterization of his
discharge is warranted on that basis. Therefore, in the absence
of evidence to the contrary, we find no basis upon which 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-2011-01568 in Executive Session on 26 January 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 Apr 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation, 17 May 2011.
Exhibit D. Letter, AFBCMR, dated 27 Dec 11, w/atchs.
Exhibit E. Letter, Applicant, 11 Jan 12, w/atchs.
Panel Chair
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