RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02045
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation of drug abuse be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There is no evidence to support him being discharged for drug
abuse; therefore, the discharge is unjust and in error. He took
a voluntary drug test, which was negative. Despite the 18 years
that have gone by, he feels this injustice should be corrected.
In 1993, he was involved in a large investigation along with many
other service members who were interrogated by the Office of
Special Investigations (OSI) for drug use. He signed the
discharge paperwork because he was distraught about his mothers
recent passing. He believes his fate was sealed once the Air
Force believed he was involved in some kind of drug ring.
He did not care to fight to stay in the military; he was angry
and disgusted with the entire system. Therefore, when he signed
his DD Form 214, Certificate of Release or Discharge from Active
Duty, he was signing it as a way to put such a painful experience
behind him. He was young, very immature, and without consequence
of what signing such a glaring and incorrect paper would mean.
Currently he is a teacher, a member of a good community, and
would like this injustice to be corrected.
In support of his request, the applicant provides a personal
statement.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted into the Regular Air Force on 30 Apr 90.
His commander recommended him for discharge under the provisions
of AFM 39-10, paragraph 5-51, for drug abuse. The specific
reasons for his discharge were for wrongfully using marijuana and
for wrongfully inhaling nitrous oxide gas for which he received a
Letter of Reprimand (LOR). After a legal review, the staff judge
advocate found the case legally sufficient. The applicant
received a general discharge on 7 Apr 93 after serving 2 years
11 months, and 8 days on active duty.
Pursuant to the Boards request, the Federal Bureau of
Investigation (FBI) provided a copy of an Investigative Report,
which is at Exhibit C. On 16 Sep 11, a copy of the FBI report
was forwarded to the applicant for review and comment within 30
days.
On 16 Sep 11, a request for information pertaining to his post-
service activities was forwarded to the applicant for response
within 30 days.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by reiterating his original contentions;
however, he goes into further detail of what happened during his
discharge processing. He provides an unsigned letter of support
in support of his post-service life.
The applicants complete submission, 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 probable error or injustice. After
careful consideration of the available evidence, we found no
indication the actions taken to effect his discharge were
improper or contrary to the provisions of the governing
regulations in effect at the time, or the actions taken against
the applicant were based on factors other than his own
misconduct. In addition, in view of the contents of the FBI
Identification Record we are not persuaded that the
characterization of the applicants discharge warrants an upgrade
to honorable on the basis of clemency. Having found no error or
injustice with regard to the actions that occurred while the
applicant was a military member, we conclude that no basis exists
to grant favorable action on his request.
_________________________________________________________________
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-2011-02045 in Executive Session on 20 Oct 11, 27 Oct 11
and 19 Jan 12, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFBCMR, dated 16 Sep 11.
Exhibit E. Letters, Applicant, dated 4 Oct 11, 5 Oct 11,
and 9 Jan 12, w/atchs.
Panel Chair
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