RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02036
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has waited over 20 years, has learned a childhood lesson, and
believes his discharge should be upgraded.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force, on 19 Jul 83,
for a period of four years.
On 14 Jan 84, the applicant was convicted by special court-
martial, for wrongful use and distribution of marijuana. For
this offense, he received a reduction in grade to airman basic,
forfeiture of $250.00 per month for three months, 60 days of
confinement with hard labor, and 30 days of confinement without
hard labor.
On 30 Jan 85, the squadron commander notified the applicant of
administrative discharge action for drug abuse. The specific
reasons for the proposed action were based on the incidents
cited above.
After consulting with counsel and having been advised of his
rights, the applicant waived his right to submit statements in
his own behalf. The staff judge advocate found the case file
legally sufficient and recommended the applicant receive a
general discharge without probation and rehabilitation (P&R).
On 14 Feb 85, the discharge authority approved the general
discharge without P&R.
On 12 Mar 85, the applicant was discharged by reason of
misconduct drug abuse, with service characterized as general
(under honorable conditions). He was credited with
one year, six months, and five day 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 21 Oct 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).
________________________________________________________________
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. Considering the
applicants overall record of service, the seriousness of the
offenses which led to his administrative separation, and the FBI
Report of Investigation, we are not persuaded that an upgrade of
the characterization of his discharge is warranted. 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-2011-02036 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 13 May 11.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report of Investigation, 23 Aug 11.
Exhibit D. Letter, AFBCMR, dated 21 Oct 11, w/atchs.
Panel Chair
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